California Criminal Jury Instructions (CALCRIM) (2017)

2021. False Financial Statement: Obtaining Benefit

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2021.False Financial Statement: Obtaining Benefit (Pen. Code,
§ 532a(2))
The defendant is charged [in Count ] with obtaining a benefit
using a false written statement about (his/her/another person’s/a
corporation’s) (financial condition[,]/ [or] means[,]/ [or] ability to pay)
[in violation of Penal Code section 532a(2)].
To prove that the defendant is guilty of this crime, the People must
prove that:
<Alternative 1A—statement made about defendant himself/herself>
[1. The defendant knew that a false written statement had been
made about (his/her) (financial condition[,]/ [or] means[,]/ [or]
ability to pay);]
<Alternative 1B—statement made about someone else or a corporation>
[1. The defendant knew that a false written statement had been
made about the (financial condition[,]/ [or] means[,]/ [or] ability
to pay) of (another person/a firm or corporation (in which the
defendant had an interest/ [or] for which the defendant was
acting));]
AND
2. The defendant obtained, for ((his/her) benefit/the benefit of the
(other person/corporation)), the (delivery of personal property[,]/
[or] payment of cash[,]/ [or] making of a loan[,]/ [or] extension of
credit[,]/ [or] execution of a contract of guaranty or suretyship[,]/
[or] discount of an account receivable[,]/ [or] making,
acceptance, discount, sale, or endorsement of a bill of exchange
or promissory note) by using the false written statement.
[The People allege that the defendant obtained the following benefits:
<insert description of each benefit when multiple benefits
alleged>. You may not find the defendant guilty unless you all agree
that the People have proved that the defendant obtained at least one of
these benefits and you all agree on which benefit (he/she) obtained.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
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0096
If the prosecution alleges under a single count that the defendant received multiple
benefits, 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
Information.
Related Instructions
CALCRIM No. 2020, False Financial Statement: Making False Statement.
CALCRIM No. 2022, False Financial Statement: Reaffırming Statement.
CALCRIM No. 2023, False Financial Statement: Use of False Identifying
Information.
AUTHORITY
• Elements. Pen. Code, § 532a(2).
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].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against
Property, § 42.
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, § 143.01[1] (Matthew Bender).
LESSER INCLUDED OFFENSES
A violation of Penal Code section 532a is a misdemeanor unless the defendant used
“a fictitious name, social security number, business name, or business address, or
. . . falsely represent[ed] himself or herself to be another person or another
business.” (Pen. Code, § 532a(4).) 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 this allegation has or has
not been proved. If the jury finds that the allegation has not been proved, then the
offense should be set at a misdemeanor.
RELATED ISSUES
See the Related Issues section of the Bench Notes to CALCRIM No. 2020, False
CRIMINAL WRITINGS AND FRAUD CALCRIM No. 2021
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0097
Financial Statement: Making False Statement.
CALCRIM No. 2021 CRIMINAL WRITINGS AND FRAUD
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0098