CALCRIM No. 1933. Possession of Counterfeiting Equipment (Pen. Code, § 480)

Judicial Council of California Criminal Jury Instructions (2023 edition)

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1933.Possession of Counterfeiting Equipment (Pen. Code, § 480)
The defendant is charged [in Count ] with making or possessing
counterfeiting equipment [in violation of Penal Code section 480].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant [made] [or] [possessed] (a/an) (die/ [or] plate/ [or]
apparatus/ [or] paper/ [or] metal/ [or] machine/ [or]
<insert other item>);
[2. The defendant knew of the equipment’s presence;]
AND
(2/3). The defendant knew that the (die/ [or] plate/ [or] apparatus/ [or]
paper/ [or] metal/ [or] machine/ [or] <insert other
item>) had been or would be used to counterfeit (coin/gold dust/
gold or silver (bars/bullion/lumps/pieces/nuggets)/bank notes or
bills).
[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
it), either personally or through another person.]
[The People allege that the defendant possessed the following items:
<insert description of each item 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
items and you all agree on which item (he/she) possessed.]
New March 2021
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
Give the bracketed sentence that begins with “The defendant knew” if the defendant
is charged with possessing the equipment. Do not give this bracketed sentence if the
defendant is only charged with making the equipment.
If the prosecution alleges under a single count that the defendant possessed multiple
counterfeiting equipment, 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
42
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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.)
AUTHORITY
Elements Pen. Code, § 480; People v. Seo (2020) 48 Cal.App.5th 1081,
1084-1085 [262 Cal.Rptr.3d 497].
Statute Constitutional Ex parte Dixon (1953) 41 Cal.2d 756, 763-764 [264 P.2d
513].
Possession of the Means for Counterfeiting Does Not Include Possession of
Completed Counterfeit Items People v. Clark (1992) 10 Cal.App.4th 1259, 1267
[13 Cal.Rptr.2d 209].
Bills Include Federal and Foreign Currency People v. McDonnell (1889) 80 Cal.
285, 287 [22 P. 190]; People v. Ray (1996) 42 Cal.App.4th 1718, 1723 [50
Cal.Rptr.2d 612].
Unanimity Instruction If Multiple Items People v. Sutherland (1993) 17
Cal.App.4th 602, 619, fn. 6 [21 Cal.Rptr.2d 752].
1934. Reserved for Future Use
CRIMINAL WRITINGS AND FRAUD CALCRIM No. 1933
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