It is one thing to pretend to be someone else; it is another thing entirely to conduct yourself under that impersonation in a way that could cause harm to the other person.

PC 529 criminalizes falsely impersonating someone to gain an advantage or cause harm.

Under California Penal Code 529 PC, false impersonation is a serious offense that involves more than simply pretending to be someone else; it involves specific actions that could harm the person being impersonated or benefit the impersonator.

In simple terms, PC 529 PC is the California law that bans false impersonation-using someone else's name, identity, or likeness to cause harm or unlawfully gain an advantage, like securing credit or employment.

If charged as a felony, a conviction for false impersonation could result in up to three years in prison. If you've been accused of this crime, your best hope for a favorable outcome is to hire a California criminal defense attorney with experience defending this type of offense.

Key Takeaways

• California Penal Code 529 PC criminalizes impersonating someone by taking their identity to obtain a benefit or to cause harm.
• This crime involves an additional act such as posting bail, verifying documents, or assuming liability for the actual person.
• This law carries penalties that include fines, jail time, or state prison, depending on how severe the violation is.
• This crime involves more than simply lying about your name; it requires taking action as that person who creates legal risk or gain, such as signing a document in their name.
• Examples of false impersonation include using another person's identity to secure a loan or credit, pretending to be a law enforcement officer, or impersonating someone on social media to harass or intimidate.

What Does PC 529 Say?

Penal Code 529 says, "(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."

Overview of Penal Code 529

California Penal Code 529 PC makes it illegal to falsely personate another individual, in either their private or official capacity, and to perform an additional act that creates liability or confers a benefit.

It is important to distinguish this from simple identity theft. While identity theft often involves using someone's personal information for financial gain, false impersonation focuses on assuming another person's physical or legal identity to perform a specific act.

Under PC 529, the law specifically prohibits three categories of acts while impersonating someone else:

• Becoming Bail or Surety: Posting bail or acting as a surety for someone else in a legal proceeding.
• Verifying or Publishing Written Instruments: Signing, publishing, or acknowledging a document (like a deed or a contract) in another person's name with the intent that it be recorded or used as valid.
• Acts Creating Liability or Benefit: Doing any act that might cause the person being impersonated to become liable for a suit, prosecution, or debt, or that might grant a benefit to the impersonator or someone else.

The third category is the broadest and most commonly charged. It covers situations such as signing a traffic ticket in someone else's name or giving another person's name to police officers upon arrest to avoid outstanding warrants.

What Factors Must Be Proven to Convict?

For a prosecutor to secure a conviction under Penal Code 529, they must prove the following elements beyond a reasonable doubt:

• You falsely impersonated another person. This means you pretended to be a specific, real individual. Impersonating a fictitious person does not violate this specific statute (though it may violate others).
• You performed an additional act. Merely saying "I am John Doe" is usually not enough. You must have done something additional, such as signing a document, swearing to an oath, or entering a plea in court.
• You knew your actions were false. The act must be willful and intentional.
• The act created a liability or a benefit. The prosecution must show that your action could have resulted in the impersonated person facing a lawsuit, criminal charges, or financial loss, or that you (or someone else) received a benefit.

It is worth noting that the "additional act" need not actually cause harm. The law only requires that the act might have caused liability or accrued a benefit.

Penalties for False Impersonation

False impersonation is a "wobbler" offense in California, which means the prosecutor has the discretion to charge it as either a misdemeanor or a felony, depending on the specific facts of the case and your criminal history.

If charged as a misdemeanor, the consequences may include:

• Up to one year in county jail; and/or
• Fines of up to $10,000.

If charged as a felony, the penalties are more severe:

• Imprisonment in county jail for 16 months, two years, or three years; and/or
• Fines of up to $10,000.

What are the Common Legal Defenses?

If you are facing these charges, remember that an accusation is not a conviction. A skilled California criminal defense attorney can evaluate the evidence against you and formulate a strategic defense. Common defenses utilized in PC 529 cases include:

• Lack of an "Additional Act": Simply lying about your name is not enough to violate PC 529. If you told a police officer you were someone else. Still, if you did not sign a ticket, provide a thumbprint, or perform any other official act verifying that identity, you may not be guilty of this specific crime.
• No Liability or Benefit: The law requires that the act committed could render the other person liable or grant a benefit. If the act was trivial and carried no legal or financial consequences for the victim, your attorney could argue that the elements of the crime have not been met.
• Lack of Intent: If you mistakenly identified yourself or if there was a misunderstanding regarding your identity that was not intended to deceive or cause harm, this may serve as a defense.

For additional details and a case review, contact our criminal defense law firm at Eisner Gorin LLP.

Related Content:

• Impersonating a CHP Officer
• Impersonating a Police Officer
• Theft by False Pretenses Law