2023. False Financial Statement: Use of False Identifying Information
If you find the defendant guilty of ((making/ [or] causing to be made) a false written statement as charged in Count [,]/ [or] obtaining a benefit using a false written statement as charged in Count [,]/ [or] representing as true a false written statement as charged in Count ), you must then decide whether the People have proved that the defendant used false identifying information.
<Alternative A—fictitious information>
[To prove this allegation, the People must prove that the defendant used a fictitious (name[,]/ [or] social security number[,]/ [or] business name[,]/ [or] business address).]
<Alternative B—represented self as someone else>
[To prove this allegation, the People must prove that the defendant falsely (represented that (he/she) was someone else/ [or] claimed that (he/she) represented a business when (he/she) did not).]
The People have the burden of proving this allegation beyond a reasonable doubt. If the People have not met this burden, you must find that this allegation has not been proved.
If the defendant is charged with a felony based on using false identifying information, the court has a sua sponte duty to instruct on this sentencing factor.
This instruction must be given with the appropriate instruction on the other elements of the offense, CALCRIM Nos. 2020 to 2022.
The court must provide the jury with a verdict form on which the jury will indicate if the prosecution has or has not been proved that the defendant used false identifying information.
CALCRIM No. 2020, False Financial Statement: Making False Statement.
CALCRIM No. 2021, False Financial Statement: Obtaining Benefit.
CALCRIM No. 2022, False Financial Statement: Reaffirming Statement.
Elements. Pen. Code, § 532a(4).
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Property, § 42.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes Against Property, § 143.01 (Matthew Bender).
(New January 2006)