California Criminal Jury Instructions (CALCRIM) (2017)
2040. Unauthorized Use of Personal Identifying InformationDownload PDF
F. IDENTITY THEFT
2040.Unauthorized Use of Personal Identifying Information (Pen.
Code, § 530.5(a))
The defendant is charged [in Count ] with the unauthorized use
of someone else’s personal identifying information [in violation of Penal
Code section 530.5(a)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant willfully obtained someone else’s personal
2. The defendant willfully used that information for an unlawful
3. The defendant used the information without the consent of the
person whose identifying information (he/she) was using.
Personal identifying information means <insert relevant
items from Pen. Code, § 530.55(b)> or an equivalent form of
[As used here, person means a human being, whether living or dead, or
a ﬁrm, association, organization, partnership, business trust, company,
corporation, limited liability company, public entity, or any other legal
Someone commits an act willfully when he or she does it willingly or on
An unlawful purpose includes unlawfully (obtaining/[or] attempting to
obtain) (credit[,]/[or] goods[,]/[or] services[,]/[or] real property[,]/ [or]
medical information)/ [[or] <insert other unlawful purpose>]
without the consent of the other person.
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.
New January 2006; Revised August 2006, June 2007, August 2009, April 2010,
August 2012, August 2013
The court has a sua sponte duty to give this instruction deﬁning the elements of
In the deﬁnition of personal identifying information, give the relevant items based
on the evidence presented.
The deﬁnition of unlawful purpose is not limited to acquiring information for
ﬁnancial motives, and may include any unlawful purpose for which the defendant
may have acquired the personal identifying information, such as using the
information to facilitate violation of a restraining order. (See, e.g., People v.
Tillotson (2007) 157 Cal.App.4th 517, 533 [69 Cal.Rptr.3d 42].)
• Elements. Pen. Code, § 530.5(a).
•Personal Identifying Information Deﬁned. Pen. Code, § 530.55(b).
• Person Deﬁned. Pen. Code, § 530.55(a).
• No Personation Requirement. People v. Barba (2012) 211 Cal.App.4th 214,
223–224 [149 Cal.Rptr.3d 371].
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, §§ 210, 212.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143,
Crimes Against Property, § 143.01, [h] (Matthew Bender).
CALCRIM No. 2040 CRIMINAL WRITINGS AND FRAUD