FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
My current location:
Los Angeles, CA
| Change location
California Identity Theft Laws
More Information on Identity Theft Laws
| Code Section | Cal. Penal Code §§530.5 (West 1998) et seq. Cal. Civil Code §1798.93 (West 2001) |
| Classification of Crime/Penalties | Identity theft is a criminal offense; imprisonment in county jail for up to one year, or $1,000 max. fine, or both; or imprisonment in state prison, $10,000 max. fine, or both |
| Who May Prosecute | Any prosecuting authority |
| Exemptions to Identity Theft Laws | - |
| Civil Lawsuit Allowed? | Civil action is allowed against those who make a mistaken claim against the victim of identity theft |
| Civil Remedies Available | For claims brought against victim as a result of identity theft, victim may receive a declaration that he is not obligated on the claim, an injunction to stop attempts to collect, actual damages, attorney fees and costs, and a possible civil penalty up to $30,000 |
| Misc. | Department of Justice is required to establish a database of identity theft victims (to help clear their names); there are several other measures to assist identity theft victims |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law:
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Related Resources for Identity Theft Laws: