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Code Section
Cal. Penal Code §§530.5 (West 1998) et seq.
Cal. Civil Code §1798.93 (West 2001)

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


Civil Action
Civil action is allowed against those who make a mistaken claim against the victim of identity theft

Civil Remedies
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

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

Inside California