California, United States of America
The following excerpt is from In re: Ivan J, 105 Cal.Rptr.2d 382, 88 Cal. App. 4th 27 (Cal. App. 2001):
Section 148.9(a) provides, "Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer listed in [Penal Code] Section 830.1 or 830.2, . . . upon a lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer is guilty of a misdemeanor." There was no evidence that by saying he was born in 1981 instead of 1982, appellant was identifying himself as "another person," i.e., as an actual 18-year-old who was also named "Ivan J." (See Lee v. Superior Court (2000) 22 Cal.4th 41, 45 [impersonation of "another" under Penal Code section 529 contemplates impersonation of a real or actual person].) We must therefore determine whether appellant "falsely represent[ed] or identifie[d] himself . . . as a fictitious person" when he lied about his year of birth.
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