California Criminal Jury Instructions (CALCRIM) (2017)
2042. Fraudulent Sale, Transfer or Conveyance of Personal Identifying Information (Pen. Code, § 530.5(d)(1))Download PDF
2042.Fraudulent Sale, Transfer or Conveyance of Personal
Identifying Information (Pen. Code, § 530.5(d)(1))
The defendant is charged [in Count ] with the fraudulent
(sale/ [or] transfer/ [or] conveyance) of personal identifying information
[in violation of Penal Code section 530.5(d)(1)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant (sold/ [or] transferred/ [or] conveyed) the
personal identifying information of another person;
2. The defendant did so with the intent to defraud.
A person intends to defraud if he or she intends to deceive another
person either 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
The court has a sua sponte duty to give this instruction deﬁning the elements of
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(d).
• 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.
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).
CALCRIM No. 2042 CRIMINAL WRITINGS AND FRAUD