CALCRIM No. 2044. False Personation (Pen. Code, § 529(a))

Judicial Council of California Criminal Jury Instructions (2022 edition)

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2044.False Personation (Pen. Code, § 529(a))
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)].
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;
1. AND
2. While falsely impersonating that person, the defendant:
2. [A. Posted bail or acted as surety for anyone in any
proceeding, before any judge or officer authorized to take
that bail or surety(;/.)]
2. [OR]
2. [B(1). Verified, published, acknowledged, or proved, in the name
of that person, any written document;
2. AND
2. B(2). When the defendant did so, (he/she) intended that the
written document be recorded, delivered, or used as
though it were an authentic document(./;)]
2. [OR]
2. [C. Did any act 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).]
New February 2015; Revised March 2021
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).
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Additional Act Requirement People v. Guion (2013) 213 Cal.App.4th 1426,
1431-1432 [153 Cal.Rptr.3d 395].
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].
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).
CALCRIM No. 2044 CRIMINAL WRITINGS AND FRAUD
118
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