Penal Code 148.9 makes it a misdemeanor to falsely identify yourself — as another person or a fictitious person — to a peace officer to avoid being properly identified.
It is almost always an add-on to another stop, and it turns on intent and on what was actually said.
What PC 148.9 Says
PC 148.9 covers falsely representing or identifying yourself as another person or a fictitious person to a peace officer, upon a lawful detention or arrest, to evade the officer’s proper identification of you. The key elements are a false identity and the intent to evade identification.
Penalties
PC 148.9 is a misdemeanor carrying up to six months in county jail and/or a $1,000 fine. It is frequently charged alongside resisting or obstructing an officer (PC 148).
Defenses
- No false identity. Giving an incomplete answer, a nickname, or staying silent is not the same as affirmatively claiming to be someone else.
- No intent to evade. Confusion, a language barrier, or a genuine mistake defeats the intent element.
- Unlawful detention. If the underlying stop was unlawful, that undermines the whole encounter.
- As an add-on charge, it often falls away when the underlying case is attacked. Judicial diversion (PC 1001.95) may also apply.
Frequently Asked Questions
Is giving a false name to police a crime in California?
Yes. Under PC 148.9 it is a misdemeanor to falsely identify yourself as another person or a fictitious person to a peace officer, upon a lawful detention or arrest, to evade proper identification. It carries up to six months in county jail and/or a $1,000 fine.
Is it illegal to refuse to give your name to police?
PC 148.9 punishes giving a false identity, not silence. Staying silent, or giving an incomplete answer, is different from affirmatively claiming to be another person — which is what the statute reaches.
Can a PC 148.9 charge be dismissed?
Often. It is usually an add-on charge, and it turns on proving both a false identity and an intent to evade identification. Confusion or a language barrier can defeat the intent element, and the charge frequently falls away when the underlying stop is attacked.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com