California Criminal Jury Instructions (CALCRIM) (2017)

2022. False Financial Statement: Reaffirming Statement

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2022.False Financial Statement: Reaffirming Statement (Pen.
Code, § 532a(3))
The defendant is charged [in Count ] with representing in
writing that a false written statement about (his/her/another person’s/a
corporation’s) (financial condition[,]/ [or] means[,]/ [or] ability to pay)
was true [in violation of Penal Code section 532a(3)].
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 a 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 a 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));]
2. After that first written statement had been made, the defendant
made a second written statement representing that the contents
of the first statement were true at the time of the second
statement;
3. The defendant knew that the contents of the first statement were
not true at the time (he/she) made the second statement;
AND
4. Based on the second statement, the defendant obtained 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) for ((his/
her) benefit/the benefit of the (other person/corporation)).
[The People allege that the defendant represented that the following
statements were true: <insert descriptions when multiple
statements alleged>. You may not find the defendant guilty unless you all
agree that the People have proved that the defendant represented that
at least one of these statements was true while knowing that the
statement was false. You must all agree on which false statement (he/
she) represented to be true.]
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New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
If the prosecution alleges under a single count that the defendant represented as
true 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
Information.
Related Instructions
CALCRIM No. 2020, False Financial Statement: Making False Statement.
CALCRIM No. 2021, False Financial Statement: Obtaining Benefit.
CALCRIM No. 2023, False Financial Statement: Use of False Identifying
Information.
AUTHORITY
• Elements. Pen. Code, § 532a(3).
Unanimity Instruction If Multiple Items. See People v. Sutherland (1993) 17
Cal.App.4th 602, 619, fn. 6 [21 Cal.Rptr.2d 752].
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
CALCRIM No. 2022 CRIMINAL WRITINGS AND FRAUD
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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
Financial Statement: Making False Statement.
CRIMINAL WRITINGS AND FRAUD CALCRIM No. 2022
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