California Criminal Jury Instructions (CALCRIM) (2017)

2041. Fraudulent Possession of Personal Identifying Information (Pen. Code, § 530.5(c)(1), (2), or (3))

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2041.Fraudulent Possession of Personal Identifying Information
(Pen. Code, § 530.5(c)(1), (2), or (3))
The defendant is charged [in Count ] with the fraudulent
possession of personal identifying information [with a prior conviction
for the same offense][in violation of Penal Code section 530.5(c)((1)/(2)/
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant acquired or kept the personal identifying
information of (another person/ten or more other persons);
2. The defendant did so with the intent to defraud another
2. <Give paragraph 3 if defendant is charged with having a prior
conviction and has not stipulated to that conviction.>
3. The defendant has a prior conviction for <insert
prior conviction suffered pursuant to Penal Code section 530.5>.]
A person intends to defraud if he or she intends to deceive another
person in order to cause a loss of (money[,]/ [or] goods[,]/ [or] services[,]
[or] something [else] of value), or to cause damage to a legal, financial,
or property right.
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
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 August 2009; Revised April 2010
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
Give the bracketed sentence that begins with “As used here” if the evidence shows
an intent to defraud an entity or association rather than a natural person. (Pen.
Code, § 8.)
In the definition of personal identifying information, give the relevant items based
on the evidence presented.
• Elements. Pen. Code, § 530.5(c).
Personal Identifying Information Defined. Pen. Code, § 530.55(b).
• Person Defined. Pen. Code, § 530.55(a).
• Intent to Defraud—Defined. People v. Pugh (2002) 104 Cal.App.4th 66, 72
[127 Cal.Rptr.2d 770]; People v. Gaul-Alexander (1995) 32 Cal.App.4th 735,
745 [38 Cal.Rptr.2d 176].
• Intent to Defraud Entity. Pen. Code, § 8.
Secondary Sources
2 Witkin & Epstein, California Criminal Law (2008 Supp.) Crimes Against
Property, § 209A.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143,
Crimes Against Property, § 143.01 (Matthew Bender).