People v. Rolando S.
197 Cal. App. 4th 936
| Cal. Ct. App. | 2011Background
- Appellant Rolando S. challenged a juvenile court finding that he committed identity theft under Penal Code 530.5(a) by accessing the victim S.W.'s Facebook account using a password received via text.
- Appellant posted sexually explicit messages and altered the victim’s profile from the victim’s account; the father reported to police after discovering the posts.
- A juvenile petition alleged one count of 530.5(a); after a contested jurisdiction hearing, the court found guilt beyond a reasonable doubt and sustained the petition.
- Disposition included denial of a motion to reduce the offense from felony to misdemeanor; court explained the potential maximum aggregation and imposed 90 days to a year in the Alpha Program plus probation.
- The People argued 530.5(a) is a wobbler, with the second element requiring unlawful use of the information; the defense argued the conduct lacked unlawful purpose or was not criminally unlawful.
- The court ultimately held that willfully obtaining the password and using it to access the victim’s accounts satisfied 530.5(a), and that civil torts or a criminal offense under 653m(a) could supply an unlawful purpose.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the password 'willfully obtained' under 530.5(a)? | People asserts willful obtainment shown by using password. | Rolando contends no willful act since password was received unsolicited and not sought. | Yes; appellant willfully obtained the password. |
| Does use of information for an unlawful purpose under 530.5(a) include civil torts like libel? | People argues civil torts can satisfy unlawful purpose. | Rolando contends civil torts do not qualify as unlawful purpose. | Yes; intentional civil torts like libel qualify as unlawful purpose. |
| Is appellant's conduct unlawful under 647.6 (annoying/molesting a minor)? | People posits 647.6 could apply due to sexually explicit postings. | Rolando contends no abnormal sexual interest; insufficient mens rea. | Not proven; 647.6 not satisfied. |
| Can 653m(a) be used to satisfy 530.5(a) even if civil torts fail? | People suggests 653m(a) analysis supports unlawfulness. | Rolando argues no relevant criminal violation under 653m(a). | Yes; 653m(a) supports an unlawful purpose when electronic harassment occurs. |
| What is the broader legislative intent for the phrase 'any unlawful purpose' in 530.5(a)? | People argues expansion to broad unlawful purposes. | Rolando contends language narrowly construed to criminal purposes only. | Interpretation favors expansion; 'any unlawful purpose' includes civil torts and other unlawful acts. |
Key Cases Cited
- People v. Tillotson, 157 Cal.App.4th 517 (Cal. App. Dist. 2 2007) (elements: willfully obtain information and use for unlawful purpose)
- People v. Lewis, 120 Cal.App.4th 837 (Cal. App. Dist. 2 2004) (definition of 'willfully' as intentional)
- People v. Atkins, 25 Cal.4th 76 (Cal. 2001) (willfulness requires knowledge and free agency)
- People v. Maurer, 32 Cal.App.4th 1121 (Cal. App. Dist. 5 1995) (instructional error on motive; may show unlawful purpose)
- Korea Supply Co. v. Lockheed Martin Corp., 29 Cal.4th 1134 (Cal. 2003) (unlawful includes noncriminal standards)
- People v. Hagedorn, 127 Cal.App.4th 734 (Cal. App. Dist. 4 2005) (statutory interpretation principles for broad/ambiguous terms)
- Day v. City of Fontana, 25 Cal.4th 268 (Cal. 2001) (statutory interpretation framework)
- Korea Supply Co. v. Lockheed Martin Corp., 29 Cal.4th 1134 (Cal. 2003) (unlawful conduct includes civil wrongs)