The Court addressed two subsections of California's identity theft statute, and noted that section 530.5(a) prohibits someone knowingly obtaining personal identifying information and using that information for any unlawful purpose, while section 530.5(d)(2) prohibits someone transferring that information to someone else, knowing that the transferee will use it for an unlawful purpose.  The Court determined that conduct prohibited under the statute is not inherently fraudulent.  The statutes do not require that the defendant obtain any tangible benefit from the act of theft.  The court also noted that the conduct prescribed was not inherently base or vile because the defendant could obtain the victim's for any unlawful purpose, which including tortious, non-criminal behavior.  The court declined to determine if the statutes at issue were divisible.

The full text of Linares-Gonzales v. Lynch can be found here: