Return to CALJIC Part 14-17 – Contents
F 15.60 n1 Identity Theft: Intent To Defraud Not Required.
(See People v. Hagedorn (2005) 127 CA4th 734 [under PC 530.5 no such intent required].)
F 15.60a
Unauthorized Use Of Personal Identifying Information:
Legislative Modification
*Modify CJ 15.60 [NEW], ¶ 2 and Element 2 as follows. Deleted language is between << >>:
Every person who willfully obtains personal identifying information of another person <<without the authorization of that person,>> and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, or medical information in the name of the other person without the consent of that person, is guilty of a violation of Penal Code section 530.5, a crime.
<<2. The person obtaining the information, did so without the authorization of the other person; and>>
Points and Authorities
In the January 2002 CALJIC Pocket Part, CJ 16.310 was withdrawn and replaced with CJ 15.60. However, the new instruction fails to track the language of recent legislation. Assembly Bill 245 (Stats. 2001 Ch. 478) amended PC 530.5 and deleted the above language from the statute. Amended PC 530.5 makes it a crime to use another person’s personal identifying information for an unlawful purpose, regardless of whether the information was obtained without the person’s consent.
F 15.60b
Unauthorized Use Of Personal Identifying Information:
Expanded Definition Of “Personal Identifying Information”
(PC 530.5)
*Modify CJ 15.60 ¶ 3 as follows [added language is capitalized]:
The phrase, “personal identifying information” means the name, address, telephone number, HEALTH INSURANCE IDENTIFICATION NUMBER, TAXPAYER IDENTIFICATION NUMBER, SCHOOL IDENTIFICATION UMBER, STATE OR FEDERAL driver’s license number, OR IDENTIFICATION NUMBER, social security number, place of employment, employee identification number, mother’s maiden name, demand deposit account number, savings account number, CHECKING ACCOUNT NUMBER, PIN (PERSONAL IDENTIFICATION NUMBER) OR PASSWORD, ALIEN REGISTRATION NUMBER, GOVERNMENT PASSPORT NUMBER, DATE OF BIRTH, UNIQUE BIOMETRIC DATA INCLUDING FINGERPRINT, FACIAL SCAN IDENTIFIERS, VOICE PRINT, RETINA OR IRIS IMAGE, OR OTHER UNIQUE PHYSICAL REPRESENTATION, UNIQUE ELECTRONIC DATA INCLUDING IDENTIFICATION NUMBER, 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.
Points and Authorities
PC 530.5 amended by Senate Bill 1254 effective 1/1/2003.
