CALCRIM No. 2001. Insurance Fraud: Multiple Claims (Pen. Code, § 550(a)(2) & (8))
Judicial Council of California Criminal Jury Instructions (2020 edition)Download PDF
2001.Insurance Fraud: Multiple Claims (Pen. Code, § 550(a)(2) &
The defendant is charged [in Count ] with submitting multiple
insurance claims with intent to defraud [in violation of Penal Code
To prove that the defendant is guilty of this crime, the People must
1. The defendant presented two or more claims for (the same (loss/
[or] injury)/payment of the same health-care benefit) to (the
same/ [or] more than one) insurer;
2. The defendant knew that (he/she) was submitting two or more
claims for the same ((loss/ [or] injury)/health-care benefit);
3. When the defendant presented the claims, (he/she) intended to
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.]
A person presents a claim for payment by demanding payment under a
contract of insurance for (a/an) ((loss/ [or] injury)/ health-care benefit).
[A claim for payment of a health-care benefit includes a claim submitted
by or on behalf of the provider of a workers’ compensation health
benefit defined in the Labor Code.]
New January 2006; Revised February 2012
The court has a sua sponte duty to give this instruction defining the elements of the
crime. Use this instruction if a violation of Penal Code section 550(a)(2) or (8) is
If the defendant is charged with a felony violation of Penal Code section 550(a)(8),
give CALCRIM No. 2003, Insurance Fraud: Health-Care Claims - Total Value, with
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.
CALCRIM No. 2000, Insurance Fraud: Fraudulent Claims.
CALCRIM No. 2002, Insurance Fraud: Vehicle Accident.
CALCRIM No. 2003, Insurance Fraud: Health-Care Claims - Total Value.
• Elements. Pen. Code, § 550(a)(2) & (8).
• Intent to Defraud Element of Offense. People v. Scofield (1971) 17 Cal.App.3d
1018, 1025-1026 [95 Cal.Rptr. 405]; People v. Benson (1962) 206 Cal.App.2d
519, 529 [23 Cal.Rptr. 908], overruled on other grounds in People v. Perez
(1965) 62 Cal.2d 769, 776, fn. 2 [44 Cal.Rptr. 326, 401 P.2d 934].
• Intent to Defraud - Defined. 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.
LESSER INCLUDED OFFENSES
Fraudulent claims for health-care benefits, under Penal Code section 550(a)(6) to
(9), are misdemeanors if the total amount of the claims does not exceed $950. (Pen.
Code, § 550(c)(2).) If the defendant is charged with a felony, then the misdemeanor
offense is a lesser included offense. The court must provide the jury with a verdict
form on which the jury will indicate if the total amount of the claims exceeds $950.
If the jury finds that the amount does not exceed $950, then the offense should be
set at a misdemeanor.
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, §§ 222, 224.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, § 143.01[f] (Matthew Bender).
CALCRIM No. 2001 CRIMINAL WRITINGS AND FRAUD