CALCRIM No. 1901. Forgery by Endorsement (Pen. Code, § 470(a))

Judicial Council of California Criminal Jury Instructions (2023 edition)

Download PDF

1901.Forgery by Endorsement (Pen. Code, § 470(a))

The defendant is charged [in Count ] with forgery committed by

endorsement [in violation of Penal Code section 470(a)].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant signed (the back of a check/(a/an)

<insert type of negotiable instrument>) with (the name of the payee

of that (check/ <insert type of negotiable

instrument>)/ [or] the name of another person whose signature

was required to (cash that check/negotiate that instrument));

2. The defendant did not have authority to sign that name;

3. The defendant knew that (he/she) did not have that authority;

AND

4. When the defendant signed the document, (he/she) intended to

defraud.

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.]

[The People allege that the defendant forged the following documents:

<insert description of each document when multiple items

alleged>.

You may not find the defendant guilty unless all of you agree that the

People have proved that the defendant forged at least one of these

documents and you all agree on which document (he/she) forged.]

[If you find the defendant guilty of forgery by endorsement, you must

then decide whether the value of the (check/bond/bank bill/

note/cashier’s check/traveler’s check/money order) was more than $950.

If you have a reasonable doubt whether the value of the

(check/bond/bank bill/note/cashier’s check/traveler’s check/money order)

has a value of more than $950, you must find this allegation has not

been proved.]

New January 2006; Revised March 2019

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to give an instruction defining the elements of the

crime.

If the prosecution alleges under a single count that the defendant forged multiple

documents, the court has a sua sponte duty to instruct on unanimity. (See People v.

Sutherland (1993) 17 Cal.App.4th 602, 619, fn. 6 [21 Cal.Rptr.2d 752].) Give the

last bracketed paragraph, inserting the items alleged. (See also Bench Notes to

CALCRIM No. 3500, Unanimity, discussing when instruction on unanimity is and is

not required.)

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. (People v. Morgan

(1956) 140 Cal.App.2d 796, 801 [296 P.2d 75].)

If the prosecution also alleges that the defendant passed or attempted to pass the

same document, give CALCRIM No. 1906, Forging and Passing or Attempting to

Pass: Two Theories in One Count.

AUTHORITY

• Elements. Pen. Code, § 470(a).

• Signature Not Authorized - Element of Offense. People v. Hidalgo (1933) 128

Cal.App. 703, 707 [18 P.2d 391]; People v. Maioli (1933) 135 Cal.App. 205, 207

[26 P.2d 871].

• 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.

• Forgery by Endorsement. People v. Maldonado (1963) 221 Cal.App.2d 128,

133-134 [34 Cal.Rptr. 168]; In re Valencia (1927) 84 Cal.App. 26, 26 [259 P.

116].

• Unanimity Instruction If Multiple Documents. People v. Sutherland (1993) 17

Cal.App.4th 602, 619, fn. 6 [21 Cal.Rptr.2d 752].

• Required Additional Findings. Pen. Code, § 473(b).

• Scope of Pen. Code, § 473(b). People v. Gonzales (2018) 6 Cal.5th 44 [237

Cal.Rptr.3d 193, 424 P.3d 280].

LESSER INCLUDED OFFENSES

• Attempted Forgery. Pen. Code, §§ 664, 470.

CALCRIM No. 1901 CRIMINAL WRITINGS AND FRAUD

RELATED ISSUES

See the Related Issues section of the Bench Notes for CALCRIM No. 1900,

Forgery by False Signature.

SECONDARY SOURCES

2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against

Property, §§ 165, 168-177.

4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,

Submission to Jury and Verdict, § 85.02[2][a][i] (Matthew Bender).

6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes

Against Property, § 143.04[1][b], [c], [d] (Matthew Bender).

CRIMINAL WRITINGS AND FRAUD CALCRIM No. 1901

Page last reviewed May 2023