530.5(a) Penal Code Explained: California Identity Theft

California Penal Code section 530.5(a) makes it a crime to willfully obtain another person's personal identifying information and use it for any unlawful purpose without that person's consent. Other subdivisions cover acquiring or keeping that information with intent to defraud, selling or transferring it, and mail theft.

This page covers what section 530.5 says as published on the California Legislature's official site, how section 530.55 defines personal identifying information, what the prosecution has to prove under the state's jury instruction for subdivision (a), and the penalties for each subdivision. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 530.5 PC says

Section 530.5 sits in the Penal Code's chapter titled "False Personation and Cheats." It has six subdivisions, (a) through (f).

530.5(a): obtaining and using identifying information

"Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170."

Two acts are required: obtaining the information and using it for an unlawful purpose. Credit, goods, services, real property, and medical information are examples the statute gives ("including"), not a complete list.

What counts as personal identifying information

Section 530.55(b) defines "personal identifying information" for this chapter as:

"any name, address, telephone number, health insurance number, taxpayer identification number, school identification number, state or federal driver's license, or identification number, social security number, place of employment, employee identification number, professional or occupational number, mother's maiden name, demand deposit account number, savings account number, checking account number, PIN (personal identification number) or password, United States Citizenship and Immigration Services-assigned number, government passport number, date of birth, unique biometric data including fingerprint, facial scan identifiers, voiceprint, retina or iris image, or other unique physical representation, unique electronic data including information identification number assigned to the person, address or routing code, telecommunication identifying information or access device, information contained in a birth or death certificate, or credit card number of an individual person, or an equivalent form of identification."

Section 530.55(a) defines "person" for the chapter to include "a natural person, living or deceased," as well as firms, associations, partnerships, companies, corporations, limited liability companies, public entities, and other legal entities.

530.5(b): clearing the victim's name in the court record

When a person uses another's identifying information to commit a crime in addition to a violation of subdivision (a), and is convicted of that crime, "the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime."

530.5(c): acquiring or retaining information with intent to defraud

Subdivision (c) does not require use of the information. It covers a person who, "with the intent to defraud, acquires or retains possession of the personal identifying information" of another person. It has three paragraphs:

• (c)(1) Information of another person.
• (c)(2) The same conduct by a person who "has previously been convicted of a violation of this section."
• (c)(3) Information "of 10 or more other persons."

530.5(d): selling, transferring, or conveying information

• (d)(1) covers a person who, with intent to defraud, "sells, transfers, or conveys" another person's personal identifying information.
• (d)(2) covers a person who, "with actual knowledge that the personal identifying information ... of a specific person will be used to commit a violation of subdivision (a)," sells, transfers, or conveys that same information.

530.5(e) and (f): mail theft and online services

Subdivision (e) makes mail theft, "as defined in Section 1708 of Title 18 of the United States Code," a public offense under this section. Prosecution under (e) "shall not limit or preclude prosecution under any other provision of law," including subdivisions (a) to (c).

Subdivision (f) says an interactive computer service or access software provider, as defined in 47 U.S.C. section 230(f), "shall not be liable under this section unless the service or provider acquires, transfers, sells, conveys, or retains possession of personal information with the intent to defraud."

What the prosecution has to prove

California's official jury instruction for subdivision (a) is CALCRIM No. 2040, "Unauthorized Use of Personal Identifying Information (Pen. Code, § 530.5(a))," published by the Judicial Council of California (2026 edition). It tells the jury the prosecution must prove that:

1. The defendant willfully obtained someone else's personal identifying information.
2. The defendant willfully used that information for an unlawful purpose.
3. The defendant used the information without the consent of the person whose identifying information the defendant was using.

"Someone commits an act willfully when he or she does it willingly or on purpose." An unlawful purpose includes unlawfully obtaining or attempting to obtain credit, goods, services, real property, or medical information, or another unlawful purpose inserted for the case, without the other person's consent.

The instruction closes with a point that often surprises people:

"It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant's acts."

This page summarizes the instruction for subdivision (a) only.

Penalties under 530.5 PC

Section 530.5 does not state the amount of any of these fines.

Subdivisions (a), (c)(2), (c)(3), and (d)(1) allow either county jail for up to one year or imprisonment under section 1170(h), so they can be handled as a misdemeanor or a felony. Penal Code section 17(b) lists when an either-way offense becomes a misdemeanor for all purposes, such as when the court grants probation and declares it a misdemeanor, or when the prosecutor files it as a misdemeanor and the defendant does not object.

Subdivisions (c)(1) and (e) have no section 1170(h) or state prison option. Penal Code section 17(a) says a crime that is not punishable by death, state prison, or county jail under section 1170(h) is a misdemeanor, unless it is an infraction.

Subdivision (d)(2) lists a fine, imprisonment under section 1170(h), or both. It does not include the county jail option of up to one year that the other subdivisions list.

None of these subdivisions specifies a term for the 1170(h) option. Section 1170(h)(1) supplies one for that situation:

"Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years."

Under paragraph (3) of section 1170(h), an executed sentence under that subdivision is served in state prison instead when the defendant has a prior or current serious felony conviction (as described in section 1192.7(c)) or violent felony conviction (as described in section 667.5(c)), has a prior felony conviction in another jurisdiction for an offense with all the elements of one of those felonies, is required to register as a sex offender, or receives an enhancement under section 186.11.

Related sections

• Penal Code section 530.55. Defines "person" and "personal identifying information" for the chapter. Official text.
• Penal Code section 17. Felony and misdemeanor definitions and the either-way rules. Official text.
• Penal Code section 1170. Subdivision (h) on county jail felony terms. Official text.
• Penal Code section 666.1. Added by Proposition 36 effective December 18, 2024; lists identity theft and mail theft as described in section 530.5 among the offenses for which two or more prior convictions, in any combination of the listed offenses, make a later petty theft or shoplifting conviction punishable by county jail for up to one year or under section 1170(h). Official text.
• Penal Code section 487 (grand theft). Theft of money or property is a different offense. See our PC 487 explainer.

For California identity theft law more broadly, see California identity theft laws. Other statute explainers are in our statutes library.

Legislative history

The official history note for section 530.5 reads: "Amended by Stats. 2011, Ch. 15, Sec. 383. (AB 109) Effective April 4, 2011. Operative October 1, 2011." The note does not describe what the amendment changed. The text quoted on this page is the version published on the Legislature's site as of October 20, 2026.

What happens after an arrest for 530.5 PC

A "530.5" on a jail roster or booking sheet is the arresting agency's charge. The prosecutor reviews the case and decides whether to file a charge under section 530.5, a different charge, or nothing, and, where the subdivision allows either, whether to file it as a misdemeanor or a felony. The first court appearance, the arraignment, is where the filed charges are read.

Our California charge code lookup translates other booking codes, and What Happens After You Get Arrested walks through the steps from booking to arraignment.

Disclaimer

This page explains what California Penal Code section 530.5 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Which subdivision applies, and whether it can be treated as a misdemeanor, depends on the facts alleged, so anyone facing a 530.5 charge should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

Is 530.5 PC a felony in California?

Section 530.5(a) is punishable by a fine, county jail for up to one year, or both, or by imprisonment under section 1170(h). Because it allows either county jail or section 1170(h), it can be handled as a misdemeanor or a felony. Penal Code section 17(b) lists when such an offense becomes a misdemeanor for all purposes.

What is 530.5(a) of the Penal Code?

It covers a person who willfully obtains another person's personal identifying information, as defined in section 530.55(b), and uses it for any unlawful purpose, including to obtain or attempt to obtain credit, goods, services, real property, or medical information without that person's consent.

What counts as personal identifying information under 530.5?

Section 530.55(b) defines it to include any name, address, telephone number, health insurance number, taxpayer identification number, driver's license or identification number, Social Security number, place of employment, mother's maiden name, bank account numbers, PIN or password, passport number, date of birth, unique biometric data, credit card number, and other listed items, or an equivalent form of identification.

Is it a crime just to have someone else's personal information in California?

Section 530.5(c)(1) makes it a crime to acquire or retain possession of another person's personal identifying information with the intent to defraud. The intent to defraud is part of the offense as written.

Does anyone have to lose money for a 530.5 conviction?

CALCRIM No. 2040 tells the jury that it is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant's acts.

Does identity theft under 530.5 cover a deceased person or a business?

Section 530.55(a) defines person for this chapter to include a natural person, living or deceased, and entities such as corporations, partnerships, limited liability companies, and public entities.

What happens to the court record of the person whose identity was used?

Section 530.5(b) says that when someone uses another person's identifying information to commit a crime in addition to 530.5(a) and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used did not commit the crime.