CALCRIM No. 2042. Fraudulent Sale, Transfer or Conveyance of Personal Identifying Information (Pen. Code, § 530.5(d)(1))

Judicial Council of California Criminal Jury Instructions (2020 edition)

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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
prove that:
1. The defendant (sold/ [or] transferred/ [or] conveyed) the personal
identifying information of another person;
AND
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 identification.
[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
entity.]
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
BENCH NOTES
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.
AUTHORITY
• Elements. Pen. Code, § 530.5(d).
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• 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 (4th ed. 2012) Crimes Against
Property, §§ 212-214.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, § 143.01 (Matthew Bender).
CALCRIM No. 2042 CRIMINAL WRITINGS AND FRAUD
112

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