AB 441, as introduced, Wilk. Identity theft: seniors: enhancements.
Existing law makes it a public offense for a person to acquire or retain possession of, or sell or transfer, the personal identifying information of another person with the intent to defraud. Existing law makes these offenses punishable as misdemeanors or felonies, as specified.
This bill would provide an enhanced sentence of an additional 2 years imprisonment for a felony conviction when the victim was 65 years of age or older. By increasing the penalties for existing felonies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 530.5 of the Penal Code is amended to
2read:
(a) Every person who willfully obtains personal
2identifying information, as defined in subdivision (b) of Section
3530.55, of another person, and uses that information for any
4unlawful purpose, including to obtain, or attempt to obtain, credit,
5goods, services, real property, or medical information without the
6consent of that person, is guilty of a public offense, and upon
7conviction therefor, shall be punished by a fine, by imprisonment
8in a county jail not to exceed one year, or by both a fine and
9imprisonment, or by imprisonment pursuant to subdivision (h) of
10Section 1170.
11(b) In any case in which a person willfully obtains personal
12identifying information of another person, uses that information
13to commit a crime in addition to a violation of subdivision (a), and
14
is convicted of that crime, the court records shall reflect that the
15person whose identity was falsely used to commit the crime did
16not commit the crime.
17(c) (1) Every person who, with the intent to defraud, acquires
18or retains possession of the personal identifying information, as
19defined in subdivision (b) of Section 530.55, of another person is
20guilty of a public offense, and upon conviction therefor, shall be
21punished by a fine, by imprisonment in a county jail not to exceed
22one year, or by both a fine and imprisonment.
23(2) Every person who, with the intent to defraud, acquires or
24retains possession of the personal identifying information, as
25defined in subdivision (b) of Section 530.55, of another person,
26and who has previously been convicted of a violation of this
27section, upon conviction therefor shall be punished by a fine, by
28imprisonment in a county
jail not to exceed one year, or by both
29a fine and imprisonment, or by imprisonment pursuant to
30subdivision (h) of Section 1170.
31(3) Every person who, with the intent to defraud, acquires or
32retains possession of the personal identifying information, as
33defined in subdivision (b) of Section 530.55, of 10 or more other
34persons is guilty of a public offense, and upon conviction therefor,
35shall be punished by a fine, by imprisonment in a county jail not
36to exceed one year, or by both a fine and imprisonment, or by
37imprisonment pursuant to subdivision (h) of Section 1170.
38(d) (1) Every person who, with the intent to defraud, sells,
39transfers, or conveys the personal identifying information, as
40defined in subdivision (b) of Section 530.55, of another person is
P3 1guilty of a public offense, and upon conviction therefor, shall be
2punished by a fine, by imprisonment in
a county jail not to exceed
3one year, or by both a fine and imprisonment, or by imprisonment
4pursuant to subdivision (h) of Section 1170.
5(2) Every person who, with actual knowledge that the personal
6identifying information, as defined in subdivision (b) of Section
7530.55, of a specific person will be used to commit a violation of
8subdivision (a), sells, transfers, or conveys that same personal
9identifying information is guilty of a public offense, and upon
10conviction therefor, shall be punished by a fine, by imprisonment
11pursuant to subdivision (h) of Section 1170, or by both a fine and
12imprisonment.
13(e) Every person who commits mail theft, as defined in Section
141708 of Title 18 of the United States Code, is guilty of a public
15offense, and upon conviction therefor shall be punished by a fine,
16by imprisonment in a county jail not to exceed one year, or by both
17a fine and
imprisonment. Prosecution under this subdivision shall
18not limit or preclude prosecution under any other provision of law,
19including, but not limited to, subdivisions (a) to (c), inclusive, of
20this section.
21(f) Every person convicted of a felony under this section shall
22be subject to an additional term of imprisonment of two years when
23the victim was 65 years of age or older at the time of the offense.
24(f)
end delete
25begin insert(g)end insert An interactive computer service or access software provider,
26as defined in subsection (f) of
Section 230 of Title 47 of the United
27States Code, shall not be liable under this section unless the service
28or provider acquires, transfers, sells, conveys, or retains possession
29of personal information with the intent to defraud.
No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.
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