CALCRIM No. 1931. Possession of Blank Check: With Intent to Defraud (Pen. Code, § 475(b))

Judicial Council of California Criminal Jury Instructions (2022 edition)

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1931.Possession of Blank Check: With Intent to Defraud (Pen.
Code, § 475(b))
The defendant is charged [in Count ] with possessing a (blank/
[or] unfinished) (check[,]/ [or] note[,]/ [or] money order[,]/ [or] traveler’s
check[,]/ [or] bank bill) with intent to defraud [in violation of Penal
Code section 475(b)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant possessed a (blank/ [or] unfinished) (check[,]/ [or]
note[,]/ [or] money order[,]/ [or] traveler’s check[,]/ [or] bank
bill);
AND
2. When the defendant possessed the document, (he/she) intended to
complete [or aid the completion of] the document in order 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 (check[,]/ [or] note[,]/ [or] money order[,]/ [or] traveler’s check[,]/
[or] bank bill) may be real or fictitious.]
[The People allege that the defendant possessed 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 possessed at least one of these
documents and you all agree on which document (he/she) possessed.]
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 possessed multiple
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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, § 475(b).
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].
RELATED ISSUES
See the Related Issues section to CALCRIM No. 1930, Possession of Forged
Document.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, § 192.
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], [2] (Matthew Bender).
CALCRIM No. 1931 CRIMINAL WRITINGS AND FRAUD
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