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F 18.39 n1 False Personation: Only General Intent Required (PC 529(3)).
People v. Rathert (2000) 24 C4th 200 [99 CR2d 779] held that false personation is a general intent crime, requiring commission of an act that might result in liability or benefit, regardless of intention or foreseeability of the consequence.
F 18.39 n2 False Impersonation: Applicable To Person Who Is Deceased.
Lee v. Superior Court (2000) 22 C4th 41 [91 CR2d 509] held that PC 529(3) can be violated by impersonating someone who, at the time impersonated, is deceased.
Every person who falsely personates another in either [his] [her] private or official capacity and in such assumed character does any other act whereby, if done by the person falsely personated, [he] [she] 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 is guilty of violating PC 529(3).
In order to prove the offense, the prosecution must establish each of the following elements beyond a reasonable doubt:
1. The defendant impersonated another person in either [his] [her] private or official capacity; and
2. In addition to the original act or acts of impersonation, the defendant committed an additional act in the assumed character which, had it been done by the person falsely personated, might have:
a. subjected that person to either a suit or some kind of debt or fine; or
b. benefitted the defendant or any other person in some way; and
3. The defendant had falsely personated another with the specific intent to obtain a benefit for [himself] [herself] or to cause another to become liable for prosecution or payment of a sum of money.
Multiple false statements made in the course of providing contemporaneous statements during the initial false identification are not to be considered as separate acts for the purposes of this "additional act" requirement.
To satisfy element 2 above, the defendant must have committed an additional act which is above and beyond any of the acts composing the initial false identification.
Points and Authorities
The basic elements of false personation under PC 529(3), including the specific intent element, are set forth in People v. Robertson (90) 223 CA3d 1277, 1281-82 [273 CR 209]. The requirement that the "additional act" not be part of the original acts constituting the false identification is set forth in People v. Cole (94) 23 CA4th 1672, 1675-76 [28 CR2d 788].