the following statements: <insert description of each
statement when multiple statements alleged>. You may not ﬁnd the
defendant guilty unless you all agree that the People have proved that
the defendant (made/ [or] caused to be made) at least one of these
statements and that the statement was false. You must all agree on
which false statement (he/she) (made/ [or] caused to be made).]
New January 2006
The court has a sua sponte duty to give this instruction deﬁning the elements of
If the prosecution alleges under a single count that the defendant made multiple
false statements, 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];
People v. Dieguez (2001) 89 Cal.App.4th 266, 274–275 [107 Cal.Rptr.2d 160].)
However, where the evidence shows a “continuous course of conduct,” a unanimity
instruction is not required. (People v. Dieguez, supra, 89 Cal.App.4th at p. 275.) If
the court concludes that a unanimity instruction is required, 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.)
If the defendant is charged with a felony violation of Penal Code section 532a(1),
give CALCRIM No. 2023, False Financial Statement: Use of False Identifying
Give the penultimate bracketed paragraph if there is evidence that the defendant
made or caused any statements to be made indirectly or through an agent.
CALCRIM No. 2021, False Financial Statement: Obtaining Beneﬁt.
CALCRIM No. 2022, False Financial Statement: Reaffırming Statement.
CALCRIM No. 2023, False Financial Statement: Use of False Identifying
• Elements. Pen. Code, § 532a(1).
•Agent. Civ. Code, § 2295.
• Unanimity Instruction If Multiple Items. See People v. Sutherland (1993) 17
Cal.App.4th 602, 619, fn. 6 [21 Cal.Rptr.2d 752]; People v. Dieguez (2001) 89
Cal.App.4th 266, 274–275 [107 Cal.Rptr.2d 160].
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against
CALCRIM No. 2020 CRIMINAL WRITINGS AND FRAUD