2412.Fraudulently Obtaining a Hypodermic Needle or Syringe
(Bus. & Prof. Code, § 4326(a))
The defendant is charged [in Count ] with fraudulently obtaining
a hypodermic (needle/ [or] syringe) [in violation of Business and
Professions Code section 4326(a)].
To prove that the defendant is guilty of this crime, the People must
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.]
New January 2006
The court has a sua sponte duty to give this instruction deﬁning the elements of
• Elements. Bus. & Prof. Code, § 4326(a).
• Fraud Deﬁned. See People v. Pugh (2002) 104 Cal.App.4th 66, 72 [127
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).