(a) Every person who willfully
obtains personal identifying information, as defined in subdivision (b)
of Section 530.55, of another person, and uses that information for any
unlawful purpose, including to obtain, or attempt to obtain, credit, goods,
services, real property, or medical information without the consent of
that person, is guilty of a public offense, and upon conviction therefore,
shall be punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment, or by imprisonment in the
state prison.
(b) 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.
(c) (1) Every person who, with the intent to defraud,
acquires or retains possession of the personal identifying information,
as defined in subdivision (b) of Section 530.55, of another person is guilty
of a public offense, and upon conviction therefore, shall be punished by
a fine, by imprisonment in a county jail not to exceed one year, or by
both a fine and imprisonment.
(c) (2) Every person who, with the intent to defraud,
acquires or retains possession of the personal identifying information,
as defined in subdivision (b) of Section 530.55, of another person, and
who has previously been convicted of a violation of this section, upon
conviction therefore shall be punished by a fine, by imprisonment in a
county jail not to exceed one year, or by both a fine and imprisonment,
or by imprisonment in the state prison.
(c) (3) Every person who, with the intent to defraud,
acquires or retains possession of the personal identifying information,
as defined in subdivision (b) of Section 530.55, of 10 or more other persons
is guilty of a public offense, and upon conviction therefore, shall be
punished by a fine, by imprisonment in a county jail not to exceed one
year, or by both a fine and imprisonment, or by imprisonment in the state
prison.
(d) (1) Every person who, with the intent to defraud,
sells, transfers, or conveys the personal identifying information, as defined
in subdivision (b) of Section 530.55, of another person is guilty of a
public offense, and upon conviction therefore, shall be punished by a fine,
by imprisonment in a county jail not to exceed one year, or by both a fine
and imprisonment, or by imprisonment in the state prison.
(d) (2) Every person who, with actual knowledge that
the personal identifying information, as defined in subdivision (b) of
Section 530.55, of a specific person will be used to commit a violation
of subdivision (a), sells, transfers, or conveys that same personal identifying
information is guilty of a public offense, and upon conviction therefore,
shall be punished by a fine, by imprisonment in the state prison, or by
both a fine and imprisonment.
(e) Every person who commits mail theft, as defined in
Section 1708 of Title 18 of the United States Code, is guilty of a public
offense, and upon conviction therefore shall be punished by a fine, by
imprisonment in a county jail not to exceed one year, or by both a fine
and imprisonment. Prosecution under this subdivision shall not limit or
preclude prosecution under any other provision of law, including, but not
limited to, subdivisions (a) to (c), inclusive, of this section.
(f) An interactive computer service or access software provider, as defined
in subsection (f) of Section 230 of Title 47 of the United States Code,
shall not be liable under this section unless the service or provider acquires,
transfers, sells, conveys, or retains possession of personal information
with the intent to defraud.

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