We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
False Personation: What It Means and Its Legal Consequences
Definition & meaning
False personation refers to the act of unlawfully assuming the identity of another person with the intent to gain a benefit or to cause harm. This crime does not require the impersonator to change their appearance or voice; rather, it involves a deliberate effort to present oneself as someone else. For instance, if a person pretends to be another individual to cash that person's paycheck, they are committing false personation. This offense is also known as false impersonation.
Table of content
Legal use & context
False personation is primarily addressed in criminal law. It can occur in various contexts, including fraud cases, identity theft, and financial crimes. Legal practitioners may encounter this term when dealing with cases involving impersonation, fraud, or unauthorized use of someone else's identity. Users can manage some aspects of false personation cases themselves using legal templates from US Legal Forms, particularly for filing complaints or responses in court.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person uses another individual's identification to open a bank account and withdraw funds. This act constitutes false personation as they are assuming the identity of another for financial gain.
Example 2: An individual pretends to be a company representative to solicit personal information from clients, intending to commit fraud. This scenario also represents false personation. (hypothetical example)
Relevant laws & statutes
False personation laws vary by state, but many jurisdictions have statutes that specifically address this crime. For example, California Penal Code Section 529 outlines the offense and its penalties. Other states may have similar provisions under their criminal codes.
State-by-state differences
State
Law/Statute
Penalties
California
Pennal Code § 529
Felony or misdemeanor, depending on circumstances.
New York
Penal Law § 190.25
Class A misdemeanor.
Texas
Penal Code § 32.51
State jail felony.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Identity theft
The unauthorized use of someone else's personal information for financial gain.
Fraud
A broader term that encompasses various deceptive practices for financial or personal gain.
False impersonation
Another term for false personation, often used interchangeably.
Common misunderstandings
What to do if this term applies to you
If you believe you are a victim of false personation, it is essential to take immediate action:
Gather evidence of the impersonation.
Report the incident to local law enforcement.
Consider consulting a legal professional for guidance on your options.
Explore US Legal Forms for templates that can assist you in filing necessary legal documents.
Find a legal form that suits your needs
Browse our library of 85,000+ state-specific legal templates.