CALCRIM No. 2045. False Personation (Pen. Code, § 530)

Judicial Council of California Criminal Jury Instructions (2023 edition)

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2045.False Personation (Pen. Code, § 530)
The defendant is charged [in Count ] with falsely impersonating
another person in that person’s private or official capacity and
performing certain acts [in violation of Penal Code section 530].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant falsely impersonated another person in the other
person’s private or official capacity;
AND
2. While falsely impersonating that person:
A. The defendant received money or property;
B. The defendant knew that the money or property was intended
to be delivered to the person that (he/she) was falsely
impersonating;
[AND]
C. When the defendant acted, (he/she) intended to deprive the
true owner of the money or property, or to use it for (his/her)
own benefit, or to let someone else use it(;/.)
[AND]
<Do not give element 3 in misdemeanor cases where the value is $950 or
less.>
[3. The money or property was worth more than $950.]
New October 2021
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
AUTHORITY
• Elements. Pen. Code, § 530.
• Determination of Grand vs. Petty Theft. Pen. Code, § 490.2.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, § 202
119
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1 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 10,
Investigative Detention, § 10.05[2] (Matthew Bender)
2046-2099. Reserved for Future Use
CALCRIM No. 2045 CRIMINAL WRITINGS AND FRAUD
120

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