CALCRIM No. 2320. Forged Prescription for Narcotic (Health & Saf. Code, § 11368)

Judicial Council of California Criminal Jury Instructions (2023 edition)

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C. FORGED SUBSTANCE
2320.Forged Prescription for Narcotic (Health & Saf. Code,
§ 11368)
The defendant is charged [in Count ] with ((forging/altering) a
prescription/giving someone (a forged/an altered) prescription/using [or
attempting to use] (a forged/an altered) prescription) for a narcotic drug
[in violation of Health and Safety Code section 11368].
To prove that the defendant is guilty of this crime, the People must
prove that:
<Alternative 1A - forged or altered>
[1. The defendant (forged/altered) a prescription;]
<Alternative 1B - issued>
[1. The defendant gave someone (a prescription with a forged or
fictitious signature/an altered prescription);]
<Alternative 1C - used or attempted to use>
[1. The defendant used [or attempted to use] (a prescription with a
forged or fictitious signature) to obtain drugs;]
[AND]
2. The prescription was for a narcotic drug(;/.)
<Give element 3 when giving alternative 1B or 1C.>
[AND
3. The defendant knew that the (signature on the prescription was
forged or fictitious/prescription was altered).]
<insert name or description of narcotic from Health & Saf.
Code, § 11019> is a narcotic drug.
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
Use this instruction when the prosecution alleges that the defendant forged, issued,
or attempted to use a forged prescription without actually obtaining the narcotic.
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When the prosecution alleges that the defendant obtained or possessed the narcotic
by using a forged prescription, use CALCRIM No. 2321, Forged Prescription for
Narcotic: With Possession of Drug.
Give element 3 when the prosecution alleges that the defendant issued, used, or
attempted to use an altered or forged prescription. Do not give element 3 when the
prosecution alleges that the defendant personally forged or altered the prescription.
AUTHORITY
• Elements. Health & Saf. Code, § 11368; People v. Beesly (1931) 119 Cal.App.
82, 86 [6 P.2d 114] [intent to defraud not an element]; People v. Katz (1962) 207
Cal.App.2d 739, 745 [24 Cal.Rptr. 644].
• Narcotic Drug. Health & Saf. Code, § 11019.
• Prescription. Health & Saf. Code, §§ 11027, 11164, 11164.5.
• Persons Authorized to Write Prescriptions. Health & Saf. Code, § 11150.
• Forgery of Prescription by Telephone. People v. Jack (1965) 233 Cal.App.2d
446, 455 [43 Cal.Rptr. 566].
SECONDARY SOURCES
2 Witkin & Epstein, California. Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, §§ 152, 154.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[1][a], [2][b], [c] (Matthew Bender).
CALCRIM No. 2320 CONTROLLED SUBSTANCES
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