The present invention provides an imaging element that can prevent misappropriation by a third party, an imaging device disposed with the imaging element, and a method of deterring misappropriation of the imaging element. In a CCD (imaging element) disposed with plural photodiodes for breaking down an image into plural pixels to generate image information representing the image and an OB portion (optical black portion) that shields a partial region of a light-receiving region corresponding to the plural photodiodes in order to determine an output level when the image is black, an opening for guiding light to the photodiodes is disposed at a predetermined position in the OB portion.