If you are suspected of phishing for acquiring someone else’s personal information (such as a social security number) via email, you may be prosecuted with identity theft under California’s laws. Keep reading to learn the basics about this charge and then contact Simmons Wagner, LLP at (949) 439-5857 to request a consultation with a fraud attorney in California.
There Are Four Forms of Conduct That Constitute Identity Theft
The California Penal Code notes four forms of conduct prohibited due to identify theft:
- Obtaining or keeping possession of another person’s personal identifying information without that person’s consent and using that information for any unlawful purpose
- Selling, transferring, or providing another person’s personal identifying information without that person’s consent and with the intent to commit fraud
- Selling, transferring, or providing another person’s personal identifying information without that person’s consent and with the intent to commit fraud
- Selling, transferring, or providing another person’s personal identifying information without that person’s consent and with the intent to
Understanding personally identifiable information (PII)
The term “personal identifying information” refers to data such as:
- Name, address, and contact information
- Social Security number
- Driver’s license information
- Number of health-care insurance
- Mother’s maiden name
- Bank account data
- Any PIN or password
- Passport information
- Year of birth
- Birth and death certificates
What the law means by “an illegal purpose”
In California, you can be charged with identity theft if you use someone else’s personal information for “any illegal purpose.” This includes things like filing for a loan in the other person’s name or getting their private medical records. However it also covers less apparent actions. Even if no one was injured, the defendant might be found guilty of identity theft.
Potential penalties
Identity theft is considered a “wobbler” under California law. This implies that under California law, it might be charged as a misdemeanor or a felony. If you are convicted of internet fraud / phishing under California’s identity theft law, the penalty you face will be determined by the specific behavior you engaged in (i.e., whether you actually used the other person’s identifying information or simply possessed it with fraudulent intent, whether you sold or transferred it, and so on), as well as any prior convictions.
You might be fined or imprisoned for one (1) year, sixteen (16) months, two (2) or three (3) years, depending on all of these criteria.
What to do if you are facing charges
If you are facing charges for any fraud crime, contact Simmons Wagner, LLP at (949) 439-5857 to request a free legal consultation.