CALCRIM No. 2041. Fraudulent Possession of Personal Identifying Information (Pen. Code, § 530.5(c)(1), (2), or (3))

Judicial Council of California Criminal Jury Instructions (2023 edition)

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2041.Fraudulent Possession of Personal Identifying Information
(Pen. Code, § 530.5(c)(1), (2), or (3))
The defendant is charged [in Count ] with the fraudulent
possession of personal identifying information [with a prior conviction
for the same offense][in violation of Penal Code section 530.5(c)((1)/(2)/
(3))].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant acquired or kept the personal identifying
information of (another person/ten or more other persons);
[AND]
2. The defendant did so with the intent to defraud another person(;/
.)
2. <Give paragraph 3 if defendant is charged with having a prior
conviction and has not stipulated to that conviction.>
[AND
3. The defendant has a prior conviction for <insert
prior conviction suffered pursuant to Penal Code section 530.5>.]
A person intends to defraud if he or she intends to deceive another
person in order 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.
Personal identifying information means <insert relevant items
from Pen. Code, § 530.55(b)> or an equivalent form of identification.
[As used here, person means a human being, whether living or dead, or a
firm, association, organization, partnership, business trust, company,
corporation, limited liability company, public entity or any other legal
entity.]
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.
New August 2009; Revised April 2010
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
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Give the bracketed sentence that begins with “As used here” if the evidence shows
an intent to defraud an entity or association rather than a natural person. (Pen. Code,
§ 8.)
In the definition of personal identifying information, give the relevant items based
on the evidence presented.
AUTHORITY
• Elements. Pen. Code, § 530.5(c).
• Personal Identifying Information Defined. Pen. Code, § 530.55(b).
• Person Defined. Pen. Code, § 530.55(a).
• Intent to Defraud - Defined. 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.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, §§ 212-214.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, § 143.01 (Matthew Bender).
CALCRIM No. 2041 CRIMINAL WRITINGS AND FRAUD
112

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