Justia Criminal Law Center California Criminal Jury Instructions (CALCRIM) (2023) Criminal Writings and Fraud CALCRIM No. 1903. Forgery by Altering or Falsifying Will or Other Legal Document (Pen. Code, § 470(c))

CALCRIM No. 1903. Forgery by Altering or Falsifying Will or Other Legal Document (Pen. Code, § 470(c))

Judicial Council of California Criminal Jury Instructions (2023 edition)

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1903.Forgery by Altering or Falsifying Will or Other Legal

Document (Pen. Code, § 470(c))

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

(altering[,]/ corrupting[,]/ [or] falsifying) a legal document [in violation of

Penal Code section 470(c)].

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

prove that:

1. The defendant (altered[,]/ corrupted[,]/ [or] falsified) a document;

2. That document was [a record of] (a/an) (will[,]/ codicil[,]/

conveyance[,]/ [or] court judgment[,]/ [or] officer’s return to a

court’s process/ [or other] legal writing that the law accepts as

evidence);

AND

3. When the defendant (altered[,]/ [or] corrupted[,]/ [or] falsified)

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.]

[Someone alters a document if he or she adds to, erases, or changes a

part of the document that affects a legal, financial, or property right.]

[The People allege that the defendant (altered[,]/ [or] corrupted[,]/ [or]

falsified) 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 (altered[,]/ [or] corrupted[,]/ [or] falsified) at least one of

these documents and you all agree on which document (he/she)

(altered[,]/ [or] corrupted[,]/ [or] falsified).]

New January 2006

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to give this 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.

If the prosecution alleges that the document was “corrupted,” the court may need to

draft a definition of this term based on the evidence.

AUTHORITY

• Elements. Pen. Code, § 470(c).

• 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.

• Alteration Defined. People v. Nesseth (1954) 127 Cal.App.2d 712, 718-720 [274

P.2d 479]; People v. Hall (1942) 55 Cal.App.2d 343, 352 [130 P.2d 733].

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

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

LESSER INCLUDED OFFENSES

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

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] (Matthew Bender).

CALCRIM No. 1903 CRIMINAL WRITINGS AND FRAUD

Page last reviewed May 2023