2005 California Penal Code Sections 528-539 CHAPTER 8. FALSE PERSONATION AND CHEATS

PENAL CODE
SECTION 528-539

528.  Every person who falsely personates another, and in such
assumed character marries or pretends to marry, or to sustain the
marriage relation towards another, with or without the connivance of
such other, is guilty of a felony.
529.  Every person who falsely personates another in either his
private or official capacity, and in such assumed character either:
   1. Becomes bail or surety for any party in any proceeding
whatever, before any court or officer authorized to take such bail or
surety;
   2. Verifies, publishes, acknowledges, or proves, in the name of
another person, any written instrument, with intent that the same may
be recorded, delivered, or used as true; or,
   3. Does any other act whereby, if done by the person falsely
personated, he 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 punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in the state prison, or in a county
jail not exceeding one year, or by both such fine and imprisonment.
529a.  Every person who manufactures, produces, sells, offers, or
transfers to another any document purporting to be either a
certificate of birth or certificate of baptism, knowing such document
to be false or counterfeit and with the intent to deceive, is guilty
of a crime, and upon conviction therefor, shall be punished by
imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison.  Every person who offers, displays,
or has in his or her possession any false or counterfeit certificate
of birth or certificate of baptism, or any genuine certificate of
birth which describes a person then living or deceased, with intent
to represent himself or herself as another or to conceal his or her
true identity, is guilty of a crime, and upon conviction therefor,
shall be punished by imprisonment in the county jail not to exceed
one year.
529.5.  (a) Every person who manufactures, sells, offers for sale,
or transfers any document, not amounting to counterfeit, purporting
to be a government-issued identification card or driver's license,
which by virtue of the wording or appearance thereon could reasonably
deceive an ordinary person into believing that it is issued by a
government agency, and who knows that the document is not a
government-issued document, is guilty of a  misdemeanor, punishable
by imprisonment in a county jail not exceeding one year, or by a fine
not exceeding one thousand dollars ($1,000), or by both the fine and
imprisonment.
   (b) Any person who, having been convicted of a violation of
subdivision (a), is subsequently convicted of a violation of
subdivision (a), is punishable for the subsequent conviction by
imprisonment in a county jail not exceeding one year, or by a fine
not exceeding five thousand dollars ($5,000), or by both the fine and
imprisonment.
   (c) Any person who possesses a document described in subdivision
(a) and who knows that the document is not a government-issued
document is guilty of a misdemeanor punishable by a fine of not less
than  one thousand dollars ($1,000) and not more than two thousand
five hundred dollars ($2,500).  The misdemeanor fine shall be imposed
except in unusual cases where the interests of justice would be
served.  The court may allow an offender to work off the fine by
doing community service.  If community service work is not available,
the misdemeanor shall be punishable by a fine of up to one thousand
dollars ($1,000), based on the person's ability to pay.
   (d) If an offense specified in this section is committed by a
person when he or she is under 21 years of age, but is 13 years of
age or older, the court also may suspend the person's driving
privilege for one year, pursuant to Section 13202.5 of the Vehicle
Code.
529.7.  Any person who obtains, or assists another person in
obtaining, a driver's license, identification card, vehicle
registration certificate, or any other official document issued by
the Department of Motor Vehicles, with knowledge that the person
obtaining the document is not entitled to the document, is guilty of
a misdemeanor, and is punishable by imprisonment in a county jail for
up to one year, or a fine of up to one thousand dollars ($1,000), or
both.
530.  Every person who falsely personates another, in either his
private or official capacity, and in such assumed character receives
any money or property, knowing that it is intended to be delivered to
the individual so personated, with intent to convert the same to his
own use, or to that of another person, or to deprive the true owner
thereof, is punishable in the same manner and to the same extent as
for larceny of the money or property so received.
530.5.  (a) Every person who willfully obtains personal identifying
information, as defined in subdivision (b), of another 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 public offense, and upon conviction therefor, shall be
punished either by imprisonment in a county jail not to exceed one
year, a fine not to exceed one thousand dollars ($1,000), or both
that imprisonment and fine, or by imprisonment in the state prison, a
fine not to exceed ten thousand dollars ($10,000), or both that
imprisonment and fine.
   (b) "Personal identifying information," as used in this section,
means the name, address, telephone number, health insurance
identification number, taxpayer identification number, school
identification number, 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.
   (c) In any case in which a person willfully obtains personal
identifying information of another person, uses that information to
commit a crime in addition to a violation of subdivision (a), and is
convicted of that crime, the court records shall reflect that the
person whose identity was falsely used to commit the crime did not
commit the crime.
   (d) Every person who, with the intent to defraud, acquires,
transfers, or retains possession of the personal identifying
information, as defined in subdivision (b), of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by imprisonment in a county jail not to exceed one year, or
a fine not to exceed one thousand dollars ($1,000), or by both that
imprisonment and fine.
   (e) Every person who, with the intent to defraud, acquires,
transfers, or retains possession of the personal identifying
information, as defined in subdivision (b), of another person who is
deployed to a location outside of the state is guilty of a public
offense, and upon conviction therefor, shall be punished by
imprisonment in a county jail not to exceed one year, or a fine not
to exceed one thousand five hundred dollars ($1,500), or by both that
imprisonment and fine.
   (f) For purposes of this section, "deployed" means that the person
has been ordered to serve temporary military duty during a period
when a presidential executive order specifies that the United States
is engaged in combat or homeland defense and he or she is either a
member of the armed forces, or is a member of the armed forces
reserve or the National Guard, who has been called to active duty or
active service. It does not include temporary duty for the sole
purpose of training or processing or a permanent change of station.
530.6.  (a) A person who has learned or reasonably suspects that his
or her personal identifying information has been unlawfully used by
another, as described in subdivision (a) of Section 530.5, may
initiate a law enforcement investigation by contacting the local law
enforcement agency that has jurisdiction over his or her actual
residence, which shall take a police report of the matter, provide
the complainant with a copy of that report, and begin an
investigation of the facts.  If the suspected crime was committed in
a different jurisdiction, the local law enforcement agency may refer
the matter to the law enforcement agency where the suspected crime
was committed for further investigation of the facts.
   (b) A person who reasonably believes that he or she is the victim
of identity theft may petition a court, or the court, on its own
motion or upon application of the prosecuting attorney, may move, for
an expedited judicial determination of his or her factual innocence,
where the perpetrator of the identity theft was arrested for, cited
for, or convicted of a crime under the victim's identity, or where a
criminal complaint has been filed against the perpetrator in the
victim's name, or where the victim's identity has been mistakenly
associated with a record of criminal conviction.  Any judicial
determination of factual innocence made pursuant to this section may
be heard and determined upon declarations, affidavits, police
reports, or other material, relevant, and reliable information
submitted by the parties or ordered to be part of the record by the
court.  Where the court determines that the petition or motion is
meritorious and that there is no reasonable cause to believe that the
victim committed the offense for which the perpetrator of the
identity theft was arrested, cited, convicted, or subject to a
criminal complaint in the victim's name, or that the victim's
identity has been mistakenly associated with a record of criminal
conviction, the court shall find the victim factually innocent of
that offense.  If the victim is found factually innocent, the court
shall issue an order certifying this determination.
   (c) After a court has issued a determination of factual innocence
pursuant to this section, the court may order the name and associated
personal identifying information contained in court records, files,
and indexes accessible by the public deleted, sealed, or labeled to
show that the data is impersonated and does not reflect the defendant'
s identity.
   (d) A court that has issued a determination of factual innocence
pursuant to this section may at any time vacate that determination if
the petition, or any information submitted in support of the
petition, is found to contain any material misrepresentation or
fraud.
   (e) The Judicial Council of California shall develop a form for
use in issuing an order pursuant to this section.
530.7.  (a) In order for a victim of identity theft to be included
in the data base established pursuant to subdivision (c), he or she
shall submit to the Department of Justice a court order obtained
pursuant to any provision of law, a full set of fingerprints, and any
other information prescribed by the department.
   (b) Upon receiving information pursuant to subdivision (a), the
Department of Justice shall verify the identity of the victim against
any driver's license or other identification record maintained by
the Department of Motor Vehicles.
   (c) The Department of Justice shall establish and maintain a data
base of individuals who have been victims of identity theft.  The
department shall provide a victim of identity theft or his or her
authorized representative access to the data base in order to
establish that the individual has been a victim of identity theft.
Access to the data base shall be limited to criminal justice
agencies, victims of identity theft, and individuals and agencies
authorized by the victims.
   (d) The Department of Justice shall establish and maintain a
toll-free telephone number to provide access to information under
subdivision (c).
   (e) This section shall be operative September 1, 2001.
530.8.  (a) If a person discovers that an application in his or her
name for a loan, credit line or account, credit card, charge card,
public utility service, mail receiving or forwarding service, office
or desk space rental service, or commercial mobile radio service has
been filed with any person or entity by an unauthorized person, or
that an account in his or her name has been opened with a bank, trust
company, savings association, credit union, public utility, mail
receiving or forwarding service, office or desk space rental service,
or commercial mobile radio service provider by an unauthorized
person, then, upon presenting to the person or entity with which the
application was filed or the account was opened a copy of a police
report prepared pursuant to Section 530.6 and identifying information
in the categories of information that the unauthorized person used
to complete the application or to open the account, the person, or a
law enforcement officer specified by the person, shall be entitled to
receive information related to the application or account, including
a copy of the unauthorized person's application or application
information and a record of transactions or charges associated with
the application or account.  Upon request by the person in whose name
the application was filed or in whose name the account was opened,
the person or entity with which the application was filed shall
inform him or her of the categories of identifying information that
the unauthorized person used to complete the application or to open
the account.  The person or entity with which the application was
filed or the account was opened shall provide copies of all paper
records, records of telephone applications or authorizations, or
records of electronic applications or authorizations required by this
section, without charge, within 10 business days of receipt of the
person's request and submission of the required copy of the police
report and identifying information.
   (b) Any request made pursuant to subdivision (a) to a person or
entity subject to the provisions of Section 2891 of the Public
Utilities Code shall be in writing and the requesting person shall be
deemed to be the subscriber for purposes of that section.
   (c) (1) Before a person or entity provides copies to a law
enforcement officer pursuant to subdivision (a), the person or entity
may require the requesting person to submit a signed and dated
statement by which the requesting person does all of the following:
   (A) Authorizes disclosure for a stated period.
   (B) Specifies the name of the agency or department to which the
disclosure is authorized.
   (C) Identifies the types of records that the requesting person
authorizes to be disclosed.
   (2) The person or entity shall include in the statement to be
signed by the requesting person a notice that the requesting person
has the right at any time to revoke the authorization.
   (d) (1) A failure to produce records pursuant to subdivision (a)
shall be addressed by the court in the jurisdiction in which the
victim resides or in which the request for information was issued.
At the victim's request, the Attorney General, the district attorney,
or the prosecuting city attorney may file a petition to compel the
attendance of the person or entity in possession of the records, as
described in subdivision (a), and order the production of the
requested records to the court.  The petition shall contain a
declaration from the victim stating when the request for information
was made, that the information requested was not provided, and what
response, if any, was made by the person or entity.  The petition
shall also contain copies of the police report prepared pursuant to
Section 530.6 and the request for information made pursuant to this
section upon the person or entity in possession of the records, as
described in subdivision (a), and these two documents shall be kept
confidential by the court.  The petition and copies of the police
report and the application shall be served upon the person or entity
in possession of the records, as described in subdivision (a).  The
court shall hold a hearing on the petition no later than 10 court
days after the petition is served and filed.  The court shall order
the release of records to the victim as required pursuant to this
section.
   (2) In addition to any other civil remedy available, the victim
may bring a civil action against the entity for  damages, injunctive
relief or other equitable relief, and a penalty of one hundred
dollars ($100) per day of noncompliance, plus reasonable attorneys'
fees.
   (e) For the purposes of this section, the following terms have the
following meanings:
   (1) "Application" means a new application for credit or service,
the addition of authorized users to an existing account, the renewal
of an existing account, or any other changes made to an existing
account.
   (2) "Commercial mobile radio service" means "commercial mobile
radio service" as defined in section 20.3 of Title 47 of the Code of
Federal Regulations.
   (3) "Law enforcement officer" means a peace officer as defined by
Section 830.1.
531.  Every person who is a party to any fraudulent conveyance of
any lands, tenements, or hereditaments, goods or chattels, or any
right or interest issuing out of the same, or to any bond, suit,
judgment, or execution, contract or conveyance, had, made, or
contrived with intent to deceive and defraud others, or to defeat,
hinder, or delay creditors or others of their just debts, damages, or
demands; or who, being a party as aforesaid, at any time wittingly
and willingly puts in, uses, avows, maintains, justifies, or defends
the same, or any of them, as true, and done, had, or made in good
faith, or upon good consideration, or aliens, assigns, or sells any
of the lands, tenements, hereditaments, goods, chattels, or other
things before mentioned, to him or them conveyed as aforesaid, or any
part thereof, is guilty of a misdemeanor.
531a.  Every person who, with intent to defraud, knowingly executes
or procures another to execute any instrument purporting to convey
any real property, or any right or interest therein, knowing that
such person so executing has no right to or interest in such
property, or who files or procures the filing of any such instrument,
knowing that the person executing the same had no right, title or
interest in the property so purported to be conveyed, is guilty of a
misdemeanor and is punishable by imprisonment for not more than one
year or by fine of five thousand dollars or both.
532.  (a) Every person who knowingly and designedly, by any false or
fraudulent representation or pretense, defrauds any other person of
money, labor, or property, whether real or personal, or who causes or
procures others to report falsely of his or her wealth or mercantile
character, and by thus imposing upon any person obtains credit, and
thereby fraudulently gets possession of money or property, or obtains
the labor or service of another, is punishable in the same manner
and to the same extent as for larceny of the money or property so
obtained.
   (b) Upon a trial for having, with an intent to cheat or defraud
another designedly, by any false pretense, obtained the signature of
any person to a written instrument, or having obtained from any
person any labor, money, or property, whether real or personal, or
valuable thing, the defendant cannot be convicted if the false
pretense was expressed in language unaccompanied by a false token or
writing, unless the pretense, or some note or memorandum thereof is
in writing, subscribed by or in the handwriting of the defendant, or
unless the pretense is proven by the testimony of two witnesses, or
that of one witness and corroborating circumstances.  This section
does not apply to a prosecution for falsely representing or
personating another, and, in that assumed character, marrying, or
receiving any money or property.
532a.  (1) Any person who shall knowingly make or cause to be made,
either directly or indirectly or through any agency whatsoever, any
false statement in writing, with intent that it shall be relied upon,
respecting the financial condition, or means or ability to pay, of
himself, or any other person, firm or corporation, in whom he is
interested, or for whom he is acting, for the purpose of procuring in
any form whatsoever, either the delivery of personal property, the
payment of cash, the making of a loan or credit, the extension of a
credit, the execution of a contract of guaranty or suretyship, the
discount of an account receivable, or the making, acceptance,
discount, sale or indorsement of a bill of exchange, or promissory
note, for the benefit of either himself or of such person, firm or
corporation shall be guilty of a public offense.
   (2) Any person who knowing that a false statement in writing has
been made, respecting the financial condition or means or ability to
pay, of himself, or a person, firm or corporation in which he is
interested, or for whom he is acting, procures, upon the faith
thereof, for the benefit either of himself, or of such person, firm
or corporation, either or any of the things of benefit mentioned in
the first subdivision of this section shall be guilty of a public
offense.
   (3) Any person who knowing that a statement in writing has been
made, respecting the financial condition or means or ability to pay
of himself or a person, firm or corporation, in which he is
interested, or for whom he is acting, represents on a later day in
writing that the statement theretofore made, if then again made on
said day, would be then true, when in fact, said statement if then
made  would be false, and procures upon the faith thereof, for the
benefit either of himself or of such person, firm or corporation
either or any of the things of benefit mentioned in the first
subdivision of this section shall be guilty of a public offense.
   (4) Any person committing a public offense under subdivision (1),
(2), or (3) shall be guilty of a misdemeanor, punishable by a fine of
not more than one thousand dollars ($1,000), or by imprisonment in
the county jail for not more than six months, or by both such fine
and imprisonment.  Any person who violates the provisions of
subdivision (1), (2), or (3), by using a fictitious name, social
security number, business name, or business address, or by falsely
representing himself or herself to be another person or another
business, is guilty of a felony and is punishable by a fine not
exceeding five thousand dollars ($5,000) or by  imprisonment in the
state prison, or by both such fine and imprisonment, or by a fine not
exceeding two thousand five hundred dollars ($2,500) or by
imprisonment in the county jail not exceeding one year, or by both
such fine and imprisonment.
   (5) This section shall not be construed to preclude the
applicability of any other provision of the criminal law of this
state which applies or may apply to any transaction.
532b.  (a) Any person who falsely represents himself or herself as a
veteran or ex-serviceman of any war in which the United States was
engaged, in connection with the soliciting of aid or the sale or
attempted sale of any property, is guilty of a misdemeanor.
   (b) Any person who falsely claims, or presents himself or herself,
to be a veteran or member of the Armed Forces of the United States,
with the intent to defraud, is guilty of a misdemeanor.
   (c) This section does not apply to face-to-face solicitations
involving less than ten dollars ($10).
532c.  Any person, firm, corporation or copartnership who knowingly
and designedly offers or gives with winning numbers at any drawing of
numbers or with tickets of admission to places of public assemblage,
any lot or parcel of real property and charges or collects fees in
connection with the transfer thereof, is guilty of a misdemeanor.
532d.  (a) Any person who solicits or attempts to solicit or
receives money or property of any kind for a charitable, religious or
eleemosynary purpose and who, directly or indirectly, makes, utters,
or delivers, either orally or in writing, an unqualified statement
of fact concerning the purpose or organization for which the money or
property is solicited or received, or concerning the cost and
expense of solicitation or the manner in which the money or property
or any part thereof is to be used, which statement is in fact false
and was made, uttered, or delivered by that person either willfully
and with knowledge of its falsity or negligently without due
consideration of those facts which by the use of ordinary  care he or
she should have known, is guilty of a misdemeanor, and is punishable
by imprisonment in the county jail for not more than one year, by a
fine not exceeding five thousand dollars ($5,000), or by both that
imprisonment and fine.
   (b) An offense charged in violation of this section shall be
proven by the testimony of one witness and corroborating
circumstances.
   (c) Nothing contained in this section shall be construed to limit
the right of any city, county, or city and county to adopt
regulations for charitable solicitations which are not in conflict
with this section.
532e.  Any person who receives money for the purpose of obtaining or
paying for services, labor, materials or equipment incident to
constructing improvements on real property and willfully rebates any
part of the money to or on behalf of anyone contracting with such
person, for provision of the services, labor, materials or equipment
for which the money was given, shall be guilty of a misdemeanor;
provided, however, that normal trade discount for prompt payment
shall not be considered a violation of this section.
532f.  (a) (1) A person, other than the loan applicant, who commits
a public offense under paragraph (1), (2), or (3) of Section 532a in
connection with an application for a loan to be secured by real
property is guilty of a misdemeanor, punishable by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in a
county jail not exceeding one year, or by both the fine and
imprisonment.
   (2) The court shall  determine the amount of any economic loss to
a victim caused by the criminal conduct of the defendant and shall,
to the extent possible, order the defendant to make restitution to
the victim in that amount.
   (b) An applicant for a loan to be secured by real property who
violates paragraph (1), (2), or (3) of Section 532a is guilty of a
misdemeanor, punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in a county jail not exceeding six
months, or by both the fine and imprisonment.
   (c) This section shall not be construed to preclude the
application of any other law that may apply to a transaction.
533.  Every person who, after once selling, bartering, or disposing
of any tract of land or town lot, or after executing any bond or
agreement for the sale of any land or town lot, again willfully and
with intent to defraud previous or subsequent purchasers, sells,
barters, or disposes of the same tract of land or town lot, or any
part thereof, or willfully and with intent to defraud previous or
subsequent purchasers, executes any bond or agreement to sell,
barter, or dispose of the same land or lot, or any part thereof, to
any other person for a valuable consideration, is punishable by
imprisonment in the state prison.
534.  Every married person who falsely and fraudulently represents
himself or herself as competent to sell or mortgage any real estate,
to the validity of which sale or mortgage the assent or concurrence
of his wife or her husband is necessary, and under such
representations willfully conveys or mortgages the same, is guilty of
felony.
535.  Every person who obtains any money or property from another,
or obtains the signature of another to any written instrument, the
false making of which would be forgery, by means of any false or
fraudulent sale of property or pretended property, by auction, or by
any of the practices known as mock auctions, is punishable by
imprisonment in the state prison, or in the county jail not exceeding
one year, or by fine not exceeding two thousand dollars ($2,000), or
by both such fine and imprisonment, and, in addition, is
disqualified for a period of three years from acting as an auctioneer
in this state.
536.  Every commission merchant, broker, agent, factor, or
consignee, who shall willfully and corruptly make, or cause to be
made, to the principal or consignor of such commission merchant,
agent, broker, factor, or consignee, a false statement as to the
price obtained for any property consigned or entrusted for sale, or
as to the quality or quantity of any property so consigned or
entrusted, or as to any expenditures made in connection therewith,
shall be deemed guilty of a misdemeanor, and on conviction thereof,
shall be punished by fine not exceeding one thousand dollars ($1,000)
and not less than two hundred dollars ($200), or by imprisonment in
the county jail not exceeding six months and not less than 10 days,
or by both such fine and imprisonment.
536a.  It is hereby made the duty of every commission merchant,
broker, factor, or consignee, to whom any property is consigned or
entrusted for sale, to make, when accounting therefor or
subsequently, upon the written demand of his principal or consignor,
a true written statement setting forth the name and address of the
person or persons to whom a sale of the said property, or any portion
thereof, was made, the quantity so sold to each purchaser, and the
respective prices obtained therefor; provided, however, that unless
separate written demand shall be made as to each consignment or
shipment regarding which said statement is desired, prior to sale, it
shall be sufficient to set forth in said statement only so many of
said matters above enumerated as said commission merchant, broker,
factor, or consignee may be able to obtain from the books of account
kept by him; and that said statement shall not be required in case of
cash sales where the amount of the transaction is less than fifty
dollars.  Any person violating the provisions of this section is
guilty of a misdemeanor.
537.  (a) Any person who obtains any food, fuel, services, or
accommodations at a hotel, inn, restaurant, boardinghouse,
lodginghouse, apartment house, bungalow court, motel, marina, marine
facility, autocamp, ski area, or public or private campground,
without paying therefor, with intent to defraud the proprietor or
manager thereof, or who obtains credit at an hotel, inn, restaurant,
boardinghouse, lodginghouse, apartment house, bungalow court, motel,
marina, marine facility, autocamp, or public or private campground by
the use of any false pretense, or who, after obtaining credit, food,
fuel, services, or accommodations, at an hotel, inn, restaurant,
boardinghouse, lodginghouse, apartment house, bungalow court, motel,
marina, marine facility, autocamp, or public or private campground,
absconds, or surreptitiously, or by force, menace, or threats,
removes any part of his or her baggage therefrom with the intent not
to pay for his or her food or accommodations is guilty of a public
offense punishable as follows:
   (1) If the value of the credit, food, fuel, services, or
accommodations is four hundred dollars ($400) or less, by a fine not
exceeding one thousand dollars ($1,000) or by imprisonment in the
county jail for a term not exceeding six months, or both.
   (2) If the value of the credit, food, fuel, services, or
accommodations is greater than four hundred dollars ($400), by
imprisonment in the county jail for a term of not more than one year,
or in the state prison.
   (b) Any person who uses or attempts to use ski area facilities for
which payment is required without paying as required, or who resells
a ski lift ticket to another when the resale is not authorized by
the proprietor, is guilty of an infraction.
   (c) Evidence that a person left the premises of such an hotel,
inn, restaurant, boardinghouse, lodginghouse, apartment house,
bungalow court, motel, marina, marine facility, autocamp, ski area,
or public or private campground, without paying or offering to pay
for such food, fuel, services, use of facilities, or accommodation,
or that the person, without authorization from the proprietor, resold
his or her ski lift ticket to another person after making use of
such facilities, shall be prima facie evidence of the following:
   (1) That the person obtained such food, fuel, services, use of
facilities or accommodations with intent to defraud the proprietor or
manager.
   (2) That, if, after obtaining the credit, food, fuel, services, or
accommodations, the person absconded, or surreptitiously, or by
force, menace, or threats, removed part of his or her baggage
therefrom, the person did so with the intent not to pay for the
credit, food, fuel, services, or accommodations.
537b.  Any person who obtains any livery hire or other accommodation
at any livery or feed stable, kept for profit, in this state,
without paying therefor, with intent to defraud the proprietor or
manager thereof; or who obtains credit at any such livery or feed
stable by the use of any false pretense; or who after obtaining a
horse, vehicle, or other property at such livery or feed stable,
willfully or maliciously abuses the same by beating, goading,
overdriving or other willful or malicious conduct, or who after
obtaining such horse, vehicle, or other property, shall, with intent
to defraud the owner, manager or proprietor of such livery or feed
stable, keep the same for a longer period, or take the same to a
greater distance than contracted for; or allow a feed bill or other
charges to accumulate against such property, without paying therefor;
or abandon or leave the same, is guilty of a misdemeanor.
537c.  Every owner, manager, proprietor, or other person, having the
management, charge or control of any livery stable, feed or boarding
stable, and every person pasturing stock, who shall receive and take
into his possession, charge, care or control, any horse, mare, or
other animal, or any buggy, or other vehicle, belonging to any other
person, to be by him kept, fed, or cared for, and who, while said
horse, mare or other animal or buggy or other vehicle, is thus in his
possession, charge, care or under his control, as aforesaid, shall
drive, ride or use, or knowingly permit or allow any person other
than the owner or other person entitled so to do, to drive, ride, or
otherwise use the same, without the consent or permission of the
owner thereof, or other person charged with the care, control or
possession of such property, shall be guilty of a misdemeanor.
537e.  (a) Any person who knowingly buys, sells, receives, disposes
of, conceals, or has in his or her possession any personal property
from which the manufacturer's serial number, identification number,
electronic serial number, or any other distinguishing number or
identification mark has been removed, defaced, covered, altered, or
destroyed, is guilty of a public offense, punishable as follows:
   (1) If the value of the property does not exceed four hundred
dollars ($400), by imprisonment in a county jail not exceeding six
months.
   (2) If the value of the property exceeds four hundred dollars
($400), by imprisonment in a county jail not exceeding one year.
   (3) If the property is an integrated computer chip or panel of a
value of four hundred dollars ($400) or more, by imprisonment in the
state prison for 16 months, or 2 or 3 years or by imprisonment in a
county jail not exceeding one year.
   For purposes of this subdivision, "personal property" includes,
but is not limited to, the following:
   (1) Any television, radio, recorder, phonograph, telephone, piano,
or any other musical instrument or sound equipment.
   (2) Any washing machine, sewing machine, vacuum cleaner, or other
household appliance or furnishings.
   (3) Any typewriter, adding machine, dictaphone, or any other
office equipment or furnishings.
   (4) Any computer, printed circuit, integrated chip or panel, or
other part of a computer.
   (5) Any tool or similar device, including any technical or
scientific equipment.
   (6) Any bicycle, exercise equipment, or any other entertainment or
recreational equipment.
   (7) Any electrical or mechanical equipment, contrivance, material,
or piece of apparatus or equipment.
   (8) Any clock, watch, watch case, or watch movement.
   (9) Any vehicle or vessel, or any component part thereof.
   (b) When property described in subdivision (a) comes into the
custody of a peace officer it shall become subject to the provision
of Chapter 12 (commencing with Section 1407) of Title 10 of Part 2,
relating to the disposal of stolen or embezzled property.  Property
subject to this section shall be considered stolen or embezzled
property for the purposes of that chapter, and prior to being
disposed of, shall have an identification mark imbedded or engraved
in, or permanently affixed to it.
   (c) This section does not apply to those cases or instances where
any of the changes or alterations enumerated in subdivision (a) have
been customarily made or done as an established practice in the
ordinary and regular conduct of business, by the original
manufacturer, or by his or her duly appointed direct representative,
or under specific authorization from the original manufacturer.
537f.  No storage battery composed in whole or in part of a used
container, or used plate or plates and intended for use in the
starting, lighting or ignition of automobiles, shall be sold or
offered for sale in this State unless: the word "Rebuilt" together
with the rebuilder's name and address is labeled on one side of the
battery in letters not less than one-half inch in height with a
one-eighth inch stroke.
   Any person selling or offering for sale such a battery in
violation of this section shall be guilty of a misdemeanor,
punishable by a fine not exceeding two hundred fifty dollars, or by
imprisonment in the county jail for not more than six months, or by
both such fine and imprisonment.
537g.  (a) Unless otherwise provided by law, any person who
knowingly removes, defaces, covers, alters or destroys a National
Crime Information Center owner identification number from the
personal property of another without permission is guilty of a
misdemeanor punishable by a fine not to exceed four hundred dollars
($400), imprisonment in the county jail not to exceed one year, or
both.
   (b) This section shall not apply to any action taken by an
authorized person to dispose of property pursuant to Article 1
(commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of
Division 3 of the Civil Code or pursuant to Chapter 12 (commencing
with Section 1407) of Title 10 of Part 2 of this code.
538.  Every person, who, after mortgaging any of the property
permitted to be mortgaged by the provisions of Sections 9102 and 9109
of the Commercial Code, excepting locomotives, engines, rolling
stock of a railroad, steamboat machinery in actual use, and vessels,
during the existence of the mortgage, with intent to defraud the
mortgagee, his or her representative or assigns, takes, drives,
carries away, or otherwise removes or permits the taking, driving, or
carrying away, or other removal of the mortgaged property, or any
part thereof, from the county where it was situated when mortgaged,
without the written consent of the mortgagee, or who sells,
transfers, slaughters, destroys, or in any manner further encumbers
the mortgaged property, or any part thereof, or causes it to be sold,
transferred, slaughtered, destroyed, or further encumbered, is
guilty of theft, and is punishable accordingly.  In the case of a
sale, transfer, or further encumbrance at or before the time of
making the sale, transfer, or encumbrance, the mortgagor informs the
person to whom the sale, transfer, or encumbrance is made, of the
existence of the prior mortgage, and also informs the prior mortgagee
of the intended sale, transfer, or encumbrance, in writing, by
giving the name and place of residence of the party to whom the sale,
transfer, or encumbrance is to be made.
538a.  Every person who signs any letter addressed to a newspaper
with the name of a person other than himself and sends such letter to
the newspaper, or causes it to be sent to such newspaper, with
intent to lead the newspaper to believe that such letter was written
by the person whose name is signed thereto, is guilty of a
misdemeanor.
538b.  Any person who wilfully wears the badge, lapel button,
rosette, or any part of the garb, robe, habit, or any other
recognized and established insignia or apparel of any secret society,
or fraternal or religious order or organization, or of any sect,
church or religious denomination, or uses the same to obtain aid or
assistance within this State, with intent to deceive, unless entitled
to wear and use the same under the constitution, by-laws or rules
and regulations, or other laws or enactments of such society, order,
organization, sect, church or religious denomination is guilty of a
misdemeanor.
538c.  (a) Except as provided in subdivision (c), any person who
attaches or inserts an unauthorized advertisement in a newspaper,
whether alone or in concert with another, and who redistributes it to
the public or who has the intent to redistribute it to the public,
is guilty of the crime of theft of advertising services which shall
be punishable as a misdemeanor.
   (b) As used in this section:
   (1) "Unauthorized advertisement" means any form of representation
or communication, including any handbill, newsletter, pamphlet, or
notice that contains any letters, words, or pictorial representation
that is attached to or inserted in a newspaper without a contractual
agreement between the publisher and an advertiser.
   (2) "Newspaper" includes any newspaper, magazine, periodical, or
other tangible publication, whether offered for retail sale or
distributed without charge.
   (c) This section does not apply if the publisher or authorized
distributor of the newspaper consents to the attachment or insertion
of the advertisement.
   (d) This section does not apply to a newspaper distributor who is
directed to insert an unauthorized advertisement by a person or
company supplying the newspapers, and who is not aware that the
advertisement is unauthorized.
   (e) A conviction under this section shall not constitute a
conviction for petty theft.
538d.  (a) Any person other than one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the authorized uniform, insignia, emblem, device, label, certificate,
card, or writing, of a peace officer, with the intent of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer, is guilty of a
misdemeanor.
   (b) (1) Any person, other than the one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the badge of a peace officer with the intent of fraudulently
impersonating a peace officer, or of fraudulently inducing the belief
that he or she is a peace officer, is guilty of a misdemeanor
punishable by imprisonment in a county jail not to exceed one year,
by a fine not to exceed two thousand dollars ($2,000), or by both
that imprisonment and fine.
   (2) Any person who willfully wears or uses any badge that falsely
purports to be authorized for the use of one who by law is given the
authority of a peace officer, or which so resembles the authorized
badge of a peace officer as would deceive any ordinary reasonable
person into believing that it is authorized for the use of one who by
law is given the authority of a peace officer, for the purpose of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer, is guilty of a
misdemeanor punishable by imprisonment in a county jail not to
exceed one year, by a fine not to exceed two thousand dollars
($2,000), or by both that imprisonment and fine.
   (c) Any person who willfully wears, exhibits, or uses, or who
willfully makes, sells, loans, gives, or transfers to another, any
badge, insignia, emblem, device, or any label, certificate, card, or
writing, which falsely purports to be authorized for the use of one
who by law is given the authority of a peace officer, or which so
resembles the authorized badge, insignia, emblem, device, label,
certificate, card, or writing of a peace officer as would deceive an
ordinary reasonable person into believing that it is authorized for
the use of one who by law is given the authority of a peace officer,
is guilty of a misdemeanor, except that any person who makes or sells
any badge under the circumstances described in this subdivision is
subject to a fine not to exceed fifteen thousand dollars ($15,000).
538e.  (a) Any person, other than an officer or member of a fire
department, who willfully wears, exhibits, or uses the authorized
uniform, insignia, emblem, device, label, certificate, card, or
writing of an officer or member of a fire department or a deputy
state fire marshal, with the intent of fraudulently personating an
officer or member of a fire department or the Office of the State
Fire Marshal, or of fraudulently inducing the belief that he or she
is an officer or member of a fire department or the Office of the
State Fire Marshal, is guilty of a misdemeanor.
   (b) (1) Any person, other than the one who by law is given the
authority of an officer or member of a fire department, or a deputy
state fire marshal, who willfully wears, exhibits, or uses the badge
of a fire department or the Office of the State Fire Marshal with the
intent of fraudulently impersonating an officer, or member of a fire
department, or a deputy state fire marshal, or of fraudulently
inducing the belief that he or she is an officer or member of a fire
department, or a deputy state fire marshal, is guilty of a
misdemeanor punishable by imprisonment in a county jail not to exceed
one year, by a fine not to exceed two thousand dollars ($2,000), or
by both that imprisonment and fine.
   (2) Any person who willfully wears or uses any badge that falsely
purports to be authorized for the use of one who by law is given the
authority of an officer or member of a fire department, or a deputy
state fire marshal, or which so resembles the authorized badge of an
officer or member of a fire department, or a deputy state fire
marshal as would deceive any ordinary reasonable person into
believing that it is authorized for the use of one who by law is
given the authority of an officer or member of a fire department or a
deputy state fire marshal, for the purpose of fraudulently
impersonating an officer or member of a fire department, or a deputy
state fire marshal, or of fraudulently inducing the belief that he or
she is an officer or member of a fire department, or a deputy state
fire marshal, is guilty of a misdemeanor punishable by imprisonment
in a county jail not to exceed one year, by a fine not to exceed two
thousand dollars ($2,000), or by both that imprisonment and fine.
   (c) Any person who willfully wears, exhibits, or uses, or who
willfully makes, sells, loans, gives, or transfers to another, any
badge, insignia, emblem, device, or any label, certificate, card, or
writing, which falsely purports to be authorized for the use of one
who by law is given the authority of an officer, or member of a fire
department or a deputy state fire marshal, or which so resembles the
authorized badge, insignia, emblem, device, label, certificate, card,
or writing of an officer or member of a fire department or a deputy
state fire marshal as would deceive an ordinary reasonable person
into believing that it is authorized for use by an officer or member
of a fire department or a deputy state fire marshal, is guilty of a
misdemeanor, except that any person who makes or sells any badge
under the circumstances described in this subdivision is guilty of a
misdemeanor punishable by a fine not to exceed fifteen thousand
dollars ($15,000).
   (d) Any person who, for the purpose of selling, leasing or
otherwise disposing of merchandise, supplies or equipment used in
fire prevention or suppression, falsely represents, in any manner
whatsoever, to any other person that he or she is a fire marshal,
fire inspector or member of a fire department, or that he or she has
the approval, endorsement or authorization of any fire marshal, fire
inspector or fire department, or member thereof, is guilty of a
misdemeanor.
   (e) This section shall not apply to either of the following:
   (1) Use of a badge solely as a prop for a motion picture,
television, or video production, or an entertainment or theatrical
event.
   (2) A badge supplied by a recognized employee organization as
defined in Section 3501 of the Government Code representing
firefighters or a state or international organization to which it is
affiliated.
538f.  Any person, other than an employee of a public utility or
district as defined in Sections 216 and 11503 of the Public Utilities
Code, respectively, who willfully presents himself or herself to a
utility or district customer with the intent of fraudulently
personating an employee of a public utility or district, or of
fraudulently inducing the belief that he or she is an employee of a
public utility or district, is guilty of a misdemeanor and shall be
punished by imprisonment in a county jail not to exceed six months,
or by a fine not to exceed one thousand dollars ($1,000), or by both
that fine and imprisonment.  Nothing in this section shall be
construed to prohibit conduct that arguably constitutes protected
activity under state labor law or the National Labor Relations Act
(Title 29, United States Code, Section 151 and following).
538g.  (a) Any person, other than a state, county, city, special
district, or city and county officer or employee, who willfully
wears, exhibits, or uses the authorized badge, photographic
identification card, or insignia of a state, county, city, special
district, or city and county officer or employee, with the intent of
fraudulently personating a state, county, city, special district, or
city and county officer or employee, or of fraudulently inducing the
belief that he or she is a state, county, city, special district, or
city and county officer or employee, is guilty of a misdemeanor.
   (b) Any person who willfully wears, exhibits, or uses, or
willfully makes, sells, loans, gives, or transfers to another, any
badge, photographic identification card, or insignia, which falsely
purports to be for the use of a state, county, city, special
district, or city and county officer or employee, or which so
resembles the authorized badge, photographic identification card, or
insignia of a state, county, city, special district, or city and
county officer or employee as would deceive an ordinary reasonable
person into believing that it is authorized for use by a state,
county, city, special district, or city and county officer or
employee, is guilty of a misdemeanor, except that any person who
makes or sells any badge under the circumstances described in this
subdivision is subject to a fine not to exceed fifteen thousand
dollars ($15,000).
   (c) This section shall not apply to either of the following:
   (1) Use of a badge solely as a prop for a motion picture,
television, or video production, or an entertainment or theatrical
event.
   (2) A badge supplied by a recognized employee organization as
defined in Section 3501 of the Government Code or a state or
international organization to which it is affiliated.
538.5.  Every person who transmits or causes to be transmitted by
means of wire, radio or television communication any words, sounds,
writings, signs, signals, or pictures for the purpose of furthering
or executing a scheme or artifice to obtain, from a public utility,
confidential, privileged, or proprietary information, trade secrets,
trade lists, customer records, billing records, customer credit data,
or accounting data by means of false or fraudulent pretenses,
representations, personations, or promises is guilty of an offense
punishable by imprisonment in the state prison, or by imprisonment in
the county jail not exceeding one year.
539.  Every person who, with the intent to defraud, certifies that a
person ordered by the court to participate in community service as a
condition of probation has completed the number of hours of
community service prescribed in the court order and the participant
has not completed the prescribed number of hours, is guilty of a
misdemeanor.


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