California Criminal Jury Instructions (CALCRIM) (2017)

1925. Forgery of Government, Public, or Corporate Seal

Download PDF
(iii) Counterfeit Seal
1925.Forgery of Government, Public, or Corporate Seal (Pen.
Code, § 472)
The defendant is charged [in Count ] with (forging/ [or]
counterfeiting) a (government/public/corporate) seal [or (falsely
making[,]/ [or] forging[,]/ [or] counterfeiting) an impression representing
a seal] [in violation of Penal Code section 472].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (forged/ [or] counterfeited) a seal [or (falsely
made[,]/ [or] forged[,]/ [or] counterfeited) an impression
representing a seal] of (this state[,] /[or] a legally authorized
public officer[,] /[or] a court of record[,] /[or] a corporation[,]/
[or] a public seal legally authorized or recognized by any state,
government, or country);
AND
2. When the defendant did that act, (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[,]/ [or] counterfeited[,]/
[or] falsely made) the following items: ___________ <insert description of
each seal or impression when multiple items alleged>. You may not find
the defendant guilty unless you all agree that the People have proved
that the defendant (forged[,]/ [or] counterfeited[,]/ [or] falsely made) at
least one of these items and you all agree on which item (he/she)
(forged[,]/ [or] counterfeited[,]/ [or] falsely made).]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
29
0029
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, § 472.
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.
• 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
• Attempted Forgery of Seal. Pen. Code, §§ 664, 472.
CALCRIM No. 1925 CRIMINAL WRITINGS AND FRAUD
30
0030