PC 529(a)(3)

PC 529(a)(3)


False personation

Aggravated Felony (AF)

If the offense resulted in loss > $10k, see Advice for PC 470, and consider plea to 484/ 487

If felony, see Advice

Crime Involving Moral Turpitude (CIMT)

Held not a CIMT because the minimum conduct to does not include intent to gain a benefit or cause liability.1See People v. Rathert (2000) 24 Cal.4th 200, 206 (Pen C § 529(a)(3) does not require specific intent to gain a benefit, noting that “the Legislature sought to deter and to punish all acts by an impersonator that might result in a liability or a benefit, whether or not such a consequence was intended or even foreseen.… The impersonator’s act, moreover, is criminal provided it might result in any such consequence; no higher degree of probability is required.”). See also Paulo v. Holder, 669 F.3d 911 (9th Cir. 2011) (stating that Pen C § 529(a)(3) for false personation is not a crime involving moral turpitude); Linares-Gonzalez v. Lynch, 823 F3d 508 (9th Cir. 2016) (sections 530.5(a) and (d)(2) are not categorically CIMTs, because they are not fraud since they do not require the perpetrator to obtain anything tangible of value, and they are not vile, base or deprived crimes because they do not necessarily involve an intent to injure, actual injury, or a protected class of victim; they include only intent to annoy). Good alternative to a fraud offense

Other Removal Grounds

No other removal ground.

Advice and Comments

1 yr sentence: Counterfeiting and forgery are AFs if 1 year is imposed. PC 529(a)(3) does not have counterfeiting or forgery as elements, but to avoid possible wrong charges, try to get 364 days or less and keep ROC clear of such conduct on felonies (because 1 yr cd be imposed on PV).

SB 54. This is one of a few wobblers that do not destroy SB 54 protections limiting jail cooperation with ICE. See SB 54 advisory, www.ilrc.org/crimes.

2020-10-23T18:18:43+00:00Updated January 29th, 2020|