2004.Insurance Fraud: Destruction of Insured Property (Pen.
Code, § 548(a))
The defendant is charged [in Count ] with (injuring[,]/ [or]
destroying[,]/ [or] hiding[,]/ [or] abandoning[,]/ [or] disposing of)
insured property 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 (injured[,]/ [or] destroyed[,]/ [or] hid[,]/ [or]
abandoned[,]/ [or] disposed of) property that was insured against
loss or damage from (theft[,]/ [or] embezzlement[,]/ [or] any
casualty other than ﬁre);
2. When the defendant did that act, (he/she) intended to (defraud/
[or] prejudice) the insurer.
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.]
[It does not matter whether the defendant or someone else owned or
possessed the property.]
New January 2006
The court has a sua sponte duty to give this instruction deﬁning the elements of
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.
Give the bracketed sentence that begins with “It does not matter” if there is