California Criminal Jury Instructions (CALCRIM) (2017)

1920. Falsifying, Altering, or Counterfeiting a Driver's License

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(ii) Counterfeit Driver’s License
1920.Falsifying, Altering, or Counterfeiting a Driver’s License
(Pen. Code, § 470a)
The defendant is charged [in Count ] with (altering[,]/ [or]
falsifying[,]/ [or] forging[,]/ [or] duplicating[,]/ [or] reproducing[,]/ [or]
counterfeiting) a (driver’s license/ [or] government-issued identification
card) [in violation of Penal Code section 470a].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (altered[,]/ [or] falsified[,]/ [or] forged[,]/ [or]
duplicated[,]/ [or] reproduced[,]/ [or] counterfeited) a (driver’s
license/ [or] government-issued identification card);
AND
2. When the defendant did that act, (he/she) intended that the
(driver’s license/ [or] identification card) be used to help commit
forgery.
Someone intends to commit forgery if he or she intends to use a forged,
counterfeit, altered, falsified, duplicated, or reproduced document to
deceive another person in order to cause a loss of, or 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).]
[A person 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.]
[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 (altered[,]/ [or] falsified[,]/ [or]
forged[,]/ [or] duplicated[,]/ [or] reproduced[,]/ [or] counterfeited) the
following documents: <insert description of each document
when multiple items alleged>. You may not find the defendant guilty
unless you all agree that the People have proved that the defendant
(altered[,]/ [or] falsified[,]/ [or] forged[,]/ [or] duplicated[,]/ [or]
reproduced[,]/ [or] counterfeited) at least one of these documents and
you all agree on which document (he/she) (altered[,]/ [or] falsified[,]/
[or] forged[,]/ [or] duplicated[,]/ [or] reproduced[,]/ [or] counterfeited).]
New January 2006
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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
items, 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].)
AUTHORITY
• Elements. Pen. Code, § 470a.
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 Items. People v. Sutherland (1993) 17
Cal.App.4th 602, 619, fn. 6 [21 Cal.Rptr.2d 752].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against
Property, § 155.
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).
LESSER INCLUDED OFFENSES
• Possession of Altered Driver’s License. Veh. Code, § 14610.
CRIMINAL WRITINGS AND FRAUD CALCRIM No. 1920
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