California Criminal Jury Instructions (CALCRIM) (2017)

2044. False Personation (Pen. Code, §§ 529(a), 530)

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2044.False Personation (Pen. Code, §§ 529(a), 530)
The defendant is charged [in Count ] with falsely impersonating
another person in that person’s private or official capacity and
performing certain acts [in violation of Penal Code section (529(a)/
530)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant falsely impersonated another person in the other
person’s private or official capacity;
AND
<Use the following paragraphs for violations of Penal Code section
529(a)>
2. While falsely impersonating that person, the defendant:
[2A. Posted bail or acted as surety for anyone in any proceeding,
before any judge or officer authorized to take that bail or
surety(;/.)][or]
[2B. Verified, published, acknowledged, or proved, in the name of
that person, any written document;
AND
[2C. When the defendant did so, (he/she) intended that the written
document be recorded, delivered, or used as though it were an
authentic document(./;)][or]
[2D. Did anything that, if done by the person being falsely
impersonated, might cause (that person to be liable in a lawsuit
or criminal prosecution/ [or] that person to pay any amount of
money/ [or] that person to be subject to any charge, forfeiture,
or penalty/ [or] the defendant or anyone else to receive a benefit
as a result).
<Use the following paragraphs for violations of Penal Code section
530>
[2E. Received money or property;
2F. The defendant knew that the money or property was intended to
be delivered to the person that (he/she) was falsely
impersonating;
2G. The money or property was worth (more than $950/$950 or
less);
2H. When the defendant acted, (he/she) intended to deprive the true
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owner of the money or property, or use it for (his/her) own
benefit, or let someone else use it.]
New February 2015
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
AUTHORITY
• Elements. Pen. Code, §§ 529(a), 530.
Secondary Sources
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, § 202
1 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 10,
Investigative Detention, § 10.05[2] (Matthew Bender)
RELATED ISSUES
Penal Code section 529(a)(3) does not require any specific mental state beyond
intentionally falsely impersonating another. People v. Rathert (2000) 24 Cal.4th
200, 205–206 [99 Cal.Rptr.2d 779, 6 P.3d 700].
LESSER INCLUDED OFFENSES
• A violation of Penal Code section 529(b) is a lesser included offense of section
529(a).
2045–2099. Reserved for Future Use
CALCRIM No. 2044 CRIMINAL WRITINGS AND FRAUD
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