Penal Code Section 146b

Simulating Official Inquiries – Penal Code Section 146b

Penal Code Section 146b provides misdemeanor-level punishment for any person who makes a demand for information by posing as a member of a government agency.

You are guilty of a misdemeanor if you ask for, or demand information from a person while misrepresenting that you are part of a State, county, city or government agency. To be guilty of the crime, the communication or printed form must reasonably appear to have come from a government entity.

Commentary:

Penal Code Section 146b is rarely used by law enforcement.  In most cases, any attempt to obtain a person’s confidential information will be coupled with some other variety of fraud or identity theft.  For this reason, prosecutors tend to opt for more serious charges under Sections 487, 530.5, etc.

Write a comment:

*

Your email address will not be published.