2412. Fraudulently Obtaining a Hypodermic Needle or Syringe
The defendant is charged [in Count ______] with fraudulently obtaining a hypodermic (needle/ [or] syringe).
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant obtained a hypodermic (needle/ [or] syringe);
2. To do so, the defendant (used fraud[,]/ [or] used a forged or fictitious name[,]/ [or] violated the law by <insert description of conduct in violation of statute>).
[A person uses fraud when he or she makes a false statement, misrepresents information, hides the truth, or otherwise does something with the intent to deceive.]
The court has a sua sponte duty to give this instruction defining the elements of the crime.
Elements. Bus. & Prof. Code, § 4326(a).
Fraud Defined. See People v. Pugh (2002) 104 Cal.App.4th 66, 72 [127 Cal.Rptr.2d 770].
2 Witkin & Epstein, California Criminal Law (3d ed. 2000), Crimes Against Public Peace and Welfare, § 381.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes Against Property, § 143.04; Ch. 145, Narcotics and Alcohol Offenses, § 145.01[a] (Matthew Bender).
(New January 2006)