CALCRIM No. 2004. Insurance Fraud: Destruction of Insured Property (Pen. Code, § 548(a))

Judicial Council of California Criminal Jury Instructions (2023 edition)

Download PDF
Bg588
2004.Insurance Fraud: Destruction of Insured Property (Pen.
Code, § 548(a))
The defendant is charged [in Count ] with (injuring[,]/ [or]
destroying[,]/ [or] hiding[,]/ [or] abandoning[,]/ [or] disposing of) insured
property with intent to defraud [in violation of Penal Code section
548(a)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (injured[,]/ [or] destroyed[,]/ [or] hid[,]/ [or]
abandoned[,]/ [or] disposed of) property that was insured against
loss or damage from (theft[,]/ [or] embezzlement[,]/ [or] any
casualty other than fire);
AND
2. When the defendant did that act, (he/she) intended to (defraud/
[or] prejudice) the insurer.
Someone intends to defraud if he or she intends to deceive another
person either to cause a loss of (money[,]/ [or] goods[,]/ [or] services[,]/
[or] something [else] of value), or to cause damage to, a legal, financial,
or property right.
[For the purpose of this instruction, a person includes (a governmental
agency/a corporation/a business/an association/the body politic).]
[It is not necessary that anyone actually be defrauded or actually suffer
a financial, legal, or property loss as a result of the defendant’s acts.]
[It does not matter whether the defendant or someone else owned or
possessed the property.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
Give the bracketed sentence that begins with “For the purpose of this instruction” if
the evidence shows an intent to defraud an entity or association rather than a natural
person. (Pen. Code, § 8.)
Give the bracketed sentence that begins with “It is not necessary” if the evidence
shows that the defendant did not succeed in defrauding anyone.
Give the bracketed sentence that begins with “It does not matter” if there is
94
Bg589
evidence that someone else owned or possessed the property.
For arson, see the Arson series, CALCRIM No. 1500 et seq.
AUTHORITY
• Elements. Pen. Code, § 548(a).
• Intent to Defraud. People v. Pugh (2002) 104 Cal.App.4th 66, 72 [127
Cal.Rptr.2d 770]; People v. Gaul-Alexander (1995) 32 Cal.App.4th 735, 745 [38
Cal.Rptr.2d 176].
• Intent to Defraud Entity. Pen. Code, § 8.
LESSER INCLUDED OFFENSE
• Attempted Destruction or Disposal of Property. Pen. Code, §§ 664, 548; People
v. Splawn (1985) 165 Cal.App.3d 553, 559 [211 Cal.Rptr. 638].
RELATED ISSUES
Disposes Of
“ ‘[D]isposes of’ in Penal Code section 548 requires a definite change of control [of
the property].” (People v. Splawn (1985) 165 Cal.App.3d 553, 558 [211 Cal.Rptr.
638].)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, § 226.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, §§ 143.01[1], 143.11[2] (Matthew Bender).
2005-2019. Reserved for Future Use
CRIMINAL WRITINGS AND FRAUD CALCRIM No. 2004
95

© Judicial Council of California.