529 PC – “False Impersonation” – California Law & Penalties

Penal Code § 529 PC is the California law that prohibits false impersonation, defined as using someone else’s

• name,
• identity, or
• likeness

to cause harm or to gain an advantage unlawfully, such as obtaining credit or employment.

Examples of false impersonation include

• using someone else’s identity to obtain a loan or credit,
• falsely claiming to be a law enforcement officer, or
• pretending to be someone else on social media to harass or intimidate others.

The language of the code section states that:

PC 529. (a) Every person who falsely personates another in either his or her private or official capacity, and in that assumed character does any of the following, is punishable pursuant to subdivision (b):

(1) Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take that bail or surety.

(2) Verifies, publishes, acknowledges, or proves, in the name of another person, any written instrument, with intent that the same may be recorded, delivered, or used as true.

(3) Does any other act whereby, if done by the person falsely personated, he might, in any event, become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture, or penalty, or whereby any benefit might accrue to the party personating, or to any other person.

(b) By a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.

Our California criminal defense attorneys will highlight the following in this article:

• 1. Elements
• 2. Defenses
• 3. Penalties
• 4. Immigration
• 5. Expungements
• 6. Gun Rights
• 7. Related Offenses
• 8. Can you sue for false impersonation?

A false impersonation crime is committed when you use another person’s name to cause harm or gain an unjust advantage.

1. Elements

The elements of false impersonation are spelled out in California Jury Instruction 2044.¹ For you to be convicted under PC 529, prosecutors have to prove beyond a reasonable doubt the following two elements of the crime:

1. You falsely impersonated another person in the other person’s private or official capacity;² and
2. You committed one of these three “additional acts:”
   • You served as bail or surety before a court in someone else’s name, or
   • You verified, published, or proved a written instrument in another’s name, or
   • You committed an act that exposes the other person to civil or criminal liability or gives you a benefit.³

Therefore, you do not commit false impersonation merely by:

• identifying yourself as another person or
• presenting evidence that claims to show you are someone else.

For you to violate PC 529, your false impersonation must create:

• some kind of liability for another person or
• some benefit for you.

Example: Patrick is arrested for stealing a car. At booking, he gives the police officer the name of his brother, John. He also signs John’s name on the booking and release forms. Patrick is released on his own recognizance and fails to appear at his next scheduled hearing. A law enforcement officer then arrests John on charges of grand theft auto.

Here, Patrick is guilty of false impersonation by giving the identity of another person. He committed an “additional act” when he signed his brother’s name on the booking and release forms.

Note that this example is based on the facts of a real California court case.⁴ Other false impersonation scenarios we have seen include:

• Giving an officer another’s name and that other person gets arrested for income tax evasion.
• Opening a credit card in someone else’s name and buying clothes on it.
• Using another person’s name to get into a country club and then playing golf for free.
• Using another bank account owner’s name to gain access to their savings account and withdrawing money for a college savings plan.
• Exchanging information after a car accident, and saying you are actually someone else – thereby exposing that other person to civil liability for the crash.

2. Defenses

Here at Shouse Law Group, we have represented literally thousands of people accused of fraud crimes such as false impersonation. In our experience, we have found these three defenses to be especially persuasive with judges, juries and prosecutors at getting these charges reduced or dismissed.

You Took No Additional Act

Recall that you are guilty under this statute only if you took some additional act beyond falsely identifying yourself. This means it is a legal defense for you to say you did not commit this “other” act.

Therefore, we work to convince the D.A. that they have insufficient evidence that you performed any additional act, or that the evidence they do have is unreliable or inconsistent.

Note that the following do not count as additional acts:

• giving a false middle name to go with a false identity⁵, or
• showing the driver’s license or ID of the person being impersonated.⁶

You Were Falsely Accused

It is not unusual for a person to falsely accuse someone of false impersonation in the attempt to cover up their own guilt. It is a defense, therefore, for us to say you were unjustly blamed.

In these cases, we would compile all the relevant recorded communications from your accuser such as texts and voicemails to show that they were motivated to lie (perhaps out of anger or revenge). There may also be video or eyewitness reports that indicate the accuser was lying.

PC 529 Does Not Apply

It is a defense that your actions fell outside the scope of PC 529’s three “additional acts.” Perhaps, for example, you impersonated someone as a joke or you pretended to be a fictional person.

In most cases, we can usually get the district attorney to agree to a favorable resolution without resorting to trial.

A 529 PC conviction can result in a fine and/or jail time in California.

3. Penalties

False impersonation in violation of PC 529 is a wobbler in California. A wobbler can be charged as either a misdemeanor or a felony depending on:

• the context of the case,
• if the false impersonation caused any damages to any victim(s), and how much; and/or
• your criminal history.

The following chart shows the potential criminal sentence for false impersonation.

4. Immigration

In our experience, a conviction of false impersonation will likely not have immigration consequences. Though this area of the law is in a state of flux, so non-citizens are encouraged to contact legal counsel as soon as possible after being arrested.

5. Expungements

False impersonation convictions are expungable. For this to happen, you first must complete your:

• probation or
• jail term.

6. Gun Rights

A felony false impersonation conviction will negate your gun rights. However, it may be possible to restore your gun rights through a governor’s pardon.

7. Related Offenses

False Identification to an Officer – PC 148.9

Penal Code 148.9 PC makes it a crime to knowingly provide false identification to a peace officer.

This statute applies only to giving information to a police officer. Penal Code 529 applies to giving another person’s name to police or non-police.

Theft by False Pretenses – PC 532

Penal Code 532 PC defines “theft by false pretenses” as the act of you:

• convincing someone to voluntarily give you their property
• by telling them something that is not true or making a promise that you will not keep.

Like many cases of false impersonation, this crime involves you getting an undue benefit.

Identity Theft – PC 530.5

Penal Code 530.5 PC defines identity theft, which is when you:

1. take someone’s personal identifying information and
2. use it in any unlawful or fraudulent manner.

Unlike with PC 529, a prosecutor must prove intent to defraud to convict you of ID theft.

8. Can you sue for false impersonation?

Yes. Victims of false impersonation can recover money damages from:

[a]ny person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person’s prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian[.]

Victims should be able to recover the greater of:

• $750 or
• the victim’s actual damages.

Plus, victims should be able to recover any profits from the unauthorized use as well as attorney’s fees and costs. Finally, the judge may award punitive damages.⁹

Additional Resources

To report ID theft, refer to the following:

• Credit Reporting Agencies Experian, Transunion, Equifax – They can put a fraud alert on your credit cards.
• Federal Trade Commission (FTC) – Report fraud online.
• California Department of Justice – ID Victim checklist
• Social Security Agency – Fraud Detention and Reporting information
• U.S. Department of Justice – Identity Theft overview

Legal References: