CALCRIM No. 1921. Possessing or Displaying False, Altered, or Counterfeit Driver’s License (Pen. Code, § 470b)

Judicial Council of California Criminal Jury Instructions (2020 edition)

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1921.Possessing or Displaying False, Altered, or Counterfeit
Driver’s License (Pen. Code, § 470b)
The defendant is charged [in Count ] with (possessing[,]/ [or]
displaying[,]/ [or] causing [or permitting] to be displayed) (an/a)
(altered[,]/ [or] falsified[,]/ [or] forged[,]/ [or] duplicated[,]/ [or]
reproduced[,]/ [or] counterfeited) (driver’s license/ [or] government-
issued identification card) [in violation of Penal Code section 470b].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (possessed[,]/ [or] displayed[,]/ [or] caused [or
permitted] to be displayed) a (driver’s license/ [or] government-
issued identification card);
2. The (driver’s license/ [or] government-issued identification card)
was (altered[,]/ [or] falsified[,]/ [or] forged[,]/ [or] duplicated[,]/
[or] reproduced[,]/ [or] counterfeited);
3. The defendant knew that the (driver’s license/ [or] government-
issued identification card) had been (altered[,]/ [or] falsified[,]/
[or] forged[,]/ [or] duplicated[,]/ [or] reproduced[,]/ [or]
counterfeited);
AND
4. When the defendant (possessed[,]/ [or] displayed[,]/ [or] caused
[or permitted] to be displayed) the (driver’s license/ [or]
government-issued identification card), (he/she) intended that the
document be used to 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.]
[Two or more people may possess something at the same time.]
[A person does not have to actually hold or touch something to possess
it. It is enough if the person has (control over it/ [or] the right to control
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it), either personally or through another person.]
[The People allege that the defendant (possessed[,]/ [or] displayed[,]/ [or]
caused [or permitted] to be displayed) the following documents:
<insert description of each documents when multiple items
alleged>. You may not find the defendant guilty unless you all agree that
the People have proved that the defendant (possessed[,]/ [or] displayed[,]/
[or] caused [or permitted] to be displayed) at least one of these
documents and you all agree on which document (he/she) (possessed[,]/
[or] displayed[,]/ [or] caused [or permitted] to be displayed).]
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
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, § 470b.
• 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].
LESSER INCLUDED OFFENSES
• Possession of Altered Driver’s License. Veh. Code, § 14610.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, §§ 199-200.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
CALCRIM No. 1921 CRIMINAL WRITINGS AND FRAUD
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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).
1922-1924. Reserved for Future Use
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