Delinquency Case Law

In re Ivan J. (2001) 88 Cal.App.4th 27 [105 Cal.Rptr.2d 382]. Court of Appeal, Second District, Division 6.

The juvenile court adjudged a child a ward of the court and placed him on probation for violating Penal Code section 148.9(a) (falsely identifying himself to a peace officer). The child, 17 years old at the time, was approached by a sheriff’s deputy while standing outside smoking a cigarette. The deputy detained him because he suspected that the child was violating Penal Code section 308 (possession of tobacco by a minor). The deputy asked the child for his name and age. The child gave his true name but, to avoid a citation for possession of tobacco, gave a false birth date. The juvenile court held that giving a false birth date, even when accompanied by a true name, is sufficient to violate Penal Code section 148.9(a).

The Court of Appeal affirmed the decision of the juvenile court. The court addressed the issue whether the child ‘”falsely represent[ed] or identifie[d] himself … as a fictitious person’ [Pen. Code, § 148.9(a)] when he lied about his year of birth.” The child argued that, because he gave the deputy his correct name, he did not falsely identify himself. The appellate court determined that the Legislature intended to use a broad conception of identification when it enacted the statute. This conception encompasses more than just a person’s name. The Court of Appeal described a date of birth as “one of the core characteristics that comprise a person’s identity.” Thus, someone can identify oneself as a fictitious person under section 148.9(a) by giving a fictitious birth date as well as by giving a fictitious name. The appellate court emphasized that, during an arrest or detention, “an accurate date of birth is a critical piece of information.” Giving a false date of birth may allow a person to escape the consequences of his or her illegal actions. The appellate court therefore affirmed the juvenile court’s decision that giving a false date of birth does violate Penal Code section 148.9(a).