Is impersonating someone a felony? Or more broadly: is impersonation a crime at all? The short answer is, yes, it can be. However, it depends on a lot of different factors. In California, there are specific laws that make it a crime to pretend you’re someone else, especially in specific situations.
What Is Impersonation?
Impersonation means deliberately presenting yourself as another person without their permission. Impersonation alone may or may not be criminal. The thing that turns it into a crime is the act of doing something under that false identity that causes harm, liability, or gain.
Examples of Impersonating Someone
Is impersonating someone a felony? Here are a few common examples of when it could be a crime (note that some are more serious than others):
- You use someone else’s name and documents to open a bank account or apply for credit (identity theft).
- You pose as someone else online (email, social media) to harass, defraud, or damage their reputation.
- During a traffic stop, you tell the police, “I’m John Smith,” when that’s not your name.
- You sign legal documents in another person’s name (contracts, checks, etc.).
- You impersonate a law enforcement officer or government official to gain access or authority.
- You act as surety or post bail under someone else’s name in court proceedings.
Consequences of Pretending to Be Someone Else
Pretending to be someone you’re not can carry some pretty stiff consequences. Impersonating someone can lead to:
- Criminal charges (misdemeanor or felony)
- Fines and jail or prison time (depending on the severity of the charge)
- Civil lawsuits for damages (fraud, defamation, identity theft)
- A permanent criminal record
- Professional or licensing consequences
- In severe cases, you may lose rights (like your right to possess firearms)
Penalties for Impersonating a Police Officer or Under California Law
Is impersonating someone a felony? Under California law, impersonating a police officer is a serious crime, but several things have to be true for you to be charged under it.
– General False Impersonation: Penal Code § 529 (PC 529)
In California, the primary statute addressing impersonation is Penal Code § 529, often called “false personation” or “false impersonation.”
Under PC 529:
- You have to falsely impersonate another person.
- You have to commit an additional act while impersonating, like:
- Acting as bail or surety for someone in a court proceeding under their identity
- Verifying, publishing, acknowledging, or proving a document in their name (with the intent that it be used as true)
- Doing anything that, if done by the impersonated person, could mean they would face a lawsuit or prosecution, cause them to pay money, incur penalties, or give the impersonator (or others) a benefit
- Penalties under PC 529 (as currently written):
- It’s a wobbler, and you can be charged as a misdemeanor or felony depending on the circumstances.
- As a misdemeanor: up to 1 year in county jail plus a fine of up to $10,000.
- As a felony: up to 3 years in prison, a fine of up to $10,000, and formal probation.
– Impersonating a Police Officer/Government Official
Impersonating a police officer or government official is serious. If you pose as a law enforcement officer (or similar official) to exert authority or gain something, you could be facing harsher charges beyond just PC 529. Many jurisdictions treat impersonation of public officers separately or add enhancements.
For example, apart from PC 529, you might be charged under statutes specific to impersonating a peace officer. There can also be federal offenses in certain circumstances.
– Online Impersonation: PC 528.5
California also has a newer statute, Penal Code § 528.5, that deals with impersonation through websites or electronic means. Under 528.5:
- If you knowingly and without consent impersonate someone online (email, social media) in a way that would reasonably lead others to believe you are that person and with the intent to harm, intimidate, threaten, or defraud another, you may be criminally liable.
- Penalties: up to 1 year in county jail, fines, or both.
- Also, victims can bring a civil action for damages.
– Related Offenses
Because impersonation overlaps with fraud and identity crimes, it often intersects (or competes) with related charges like:
- Identity Theft (PC 530.5): Using someone else’s personal identifying information (name, SSN, etc.) to commit fraud or other unlawful acts.
- Theft by False Pretenses (PC 532): Representing false facts to obtain property or money.
- False Identification to a Police Officer (PC 148.9): Giving a false name or identity to a peace officer upon lawful detention or arrest. Note that this one doesn’t require the additional act that PC 529 does.
- Impersonating a Peace or Public Officer: Separate statutes or enhanced penalties often apply when the impersonated person is a police officer or public official.
The ABCs of Defending Against Impersonation Charges
If you’re accused of impersonation, your defense will depend on what actually happened during the impersonation. Here are common defenses:
A. No Additional Act
One of the main requirements under PC 529 is that you did something beyond just falsely claiming someone else’s identity. If you only gave a false name but did nothing more (no signatures, no documents, and no liability or benefit), then the prosecutor may not meet that element.
B. No Liability to Impersonated Person/No Benefit to You
Even if you impersonated someone, if you didn’t commit an additional act that could harm them, create liability, or give yourself a benefit, you might escape liability under PC 529.
C. Honest Mistake/Lack of Intent
If you genuinely believed the identity you used was permissible, or you didn’t intend to deceive, that can speak to criminal liability.
D. Impersonated Person Doesn’t Exist
If the “person” you impersonated is fictional or nonexistent, then impersonation statutes targeting real persons may not apply.
E. Protected or Privileged Acts
Some official or court-related statements come with legal “privilege” or immunity. If your impersonation attempt was in a protected context, the charges may not stick.
F. Insufficient Evidence/Credibility Challenges
You can challenge the prosecution’s evidence: inconsistent statements, lack of witnesses, improper chain of custody, unreliable forensic analysis, etc.
Hire a Criminal Defense Attorney
In many cases impersonating someone can be a felony. Even if you’re not charged with a felony, you could face criminal misdemeanor charges. When facing impersonation charges, you’re dealing with possible long-term consequences. Don’t go at it alone. A qualified criminal defense attorney can:
- Review all evidence
- Challenge the sufficiency of the prosecutor’s case (especially the “additional act”)
- Navigate plea negotiations or get charges reduced
- Prepare motions to suppress evidence or dismiss
- Advocate for you in court
If you or someone you know is charged with impersonation or false personation in California, you need an attorney who understands the nuances of PC 529 and related statutes. Contact the Law Office of David L. Faulkner.
