California Criminal Jury Instructions (CALCRIM) (2017)

2043. Knowing Sale, Transfer, or Conveyance of Personal Identifying Information to Facilitate Its Unauthorized Use (Pen. Code, § 530.5(d)(2))

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2043.Knowing Sale, Transfer, or Conveyance of Personal
Identifying Information to Facilitate Its Unauthorized Use (Pen.
Code, § 530.5(d)(2))
The defendant is charged [in Count ] with the knowing (sale/ [or]
transfer [or] conveyance) of personal identifying information [in
violation of Penal Code section 530.5(d)(2)].
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 (a specific person/
<insert name of victim>);
AND
2. When the defendant did so, (he/she) knew that the personal
identifying information would be used to obtain or attempt to
obtain (credit/ [or] goods/ [or] services/ [or] real property/ [or]
medical information) [[or] <insert other unlawful
purpose>] without the consent of that specific person.
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.]
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.
The definition of unlawful purpose is not limited to acquiring information for
financial motives, and may include any unlawful purpose for which the defendant
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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].)
AUTHORITY
• Elements. Pen. Code, § 530.5(d)(2).
Personal Identifying Information Defined. Pen. Code, § 530.55(b).
• Person Defined. Pen. Code, § 530.55(a).
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).
CALCRIM No. 2043 CRIMINAL WRITINGS AND FRAUD
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