Section 1945 | CALCRIM (Jury Instructions)

Powers (2004) 117 Cal.App.4th 291, 295–297 [11 Cal.Rptr.3d 619].
RELATED ISSUES
Meaning of Instrument
Penal Code section 115 applies to any “instrument” that, “if genuine, might be filed,
registered, or recorded under any law of this state or of the United States . . . .”
(Pen. Code, § 115(a).) Modern cases have interpreted the term “instrument”
expansively, including any type of document that is filed or recorded with a public
agency that, if acted on as genuine, would have the effect of deceiving someone.
(See People v. Parks (1992) 7 Cal.App.4th 883, 886–887, 9 Cal.Rptr.2d 450 [9
CalRptr.2d 450]; Generes v. Justice Court (1980) 106 Cal.App.3d 678, 682–684
[165 Cal.Rptr. 222].) Thus, the courts have held that “instrument” includes a
modified restraining order (People v. Parks, supra, 7 Cal.App.4th at p. 886), false
bail bonds (People v. Garcia (1990) 224 Cal.App.3d 297, 306–307 [273 Cal.Rptr.
666]), and falsified probation work referrals (People v. Tate (1997) 55 Cal.App.4th
663, 667 [64 Cal.Rptr.2d 206]). In People v. Powers (2004) 117 Cal.App.4th 291,
297 [11 Cal.Rptr.3d 619], the court held that fishing records were “instruments”
under Penal Code section 115. The court stated that “California courts have shown
reluctance to interpret section 115 so broadly that it encompasses any writing that
may be filed in a public office.” (Id. at p. 295.) The court adopted the following
analysis for whether a document is an “instrument,” quoting the Washington
Supreme Court:
(1) the claimed falsity relates to a material fact represented in the
instrument; and (2a) the information contained in the document is of
such a nature that the government is required or permitted by law,
statute or valid regulation to act in reliance thereon; or (2b) the
information contained in the document materially affects significant
rights or duties of third persons, when this effect is reasonably
contemplated by the express or implied intent of the statute or valid
regulation which requires the filing, registration, or recording of the
document.
(Id. at p. 297 [quoting State v. Price (1980) 94 Wash.2d 810, 819 [620 P.2d 994].)
Each Document Constitutes a Separate Offense
Penal Code section 115 provides that each fraudulent instrument filed or offered for
filing constitutes a separate violation (subdivision (b)) and may be punished
separately (subdivision (d)). “Thus, the Legislature has unmistakably authorized the
imposition of separate penalties for each prohibited act even though they may be
part of a continuous course of conduct and have the same objective.” (People v.
Gangemi (1993) 13 Cal.App.4th 1790, 1800 [17 Cal.Rptr.2d 462].)
Meaning of False
Unlawful procurement of a deed does not make it a false or forged document.
(People v. Schmidt (2019) 41 Cal.App.5th 1042, 1056–1058 [254 Cal.Rptr.3d 694].)
CRIMINAL WRITINGS AND FRAUD
CALCRIM No. 1945
49

SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, §§ 188–189.
6 Millman, Sevilla