CALCRIM (Jury Instructions) Section 1952. • Intent to Defraud Entity. Pen. Code, § 8. • Unanimity Instruction If Multiple Items. People v. Sutherland (1993) 17
CALCRIM (Jury Instructions) § 1952
•
Intent to Defraud Entity. Pen. Code, § 8.
•
Unanimity Instruction If Multiple Items. People v. Sutherland (1993) 17
Cal.App.4th 602, 619, fn. 6 [21 Cal.Rptr.2d 752].
•
Value Must Exceed $950 for Felony. People v. Romanowski (2017) 2 Cal.5th
903, 908–910 [215 Cal.Rptr.3d 758, 391 P.3d 633].
RELATED ISSUES
Acquires
“If appellant is arguing that only the person who first acquires this information with
the requisite intent is guilty of the crime, we disagree. We interpret the crime to
apply to any person who acquires that information with the intent to use it
fraudulently.” (People v. Smith (1998) 64 Cal.App.4th 1458, 1470 [76 Cal.Rptr.2d
75].)
Includes Possession of Cancelled Card
In People v. Molina (2004) 120 Cal.App.4th 507, 511 [15 Cal.Rptr.3d 493], the
defendant possessed a cancelled access card that had been issued to someone else.
The court held that this constituted a violation of Penal Code section 484e(d). (Id. at
pp. 514–515.) The court further held that, although the defendant’s conduct also
violated Penal Code section 484e(c), a misdemeanor, the defendant’s right to equal
protection was not violated by being prosecuted for the felony offense. (Id. at pp.
517–518.)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, §§ 215–216.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
Submission to Jury and Verdict, § 85.02[2][a][i] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, § 143.04[1], [2] (Matthew Bender).
CRIMINAL WRITINGS AND FRAUD
CALCRIM No. 1952
59
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 1952. • Intent to Defraud Entity. Pen. Code, § 8. • Unanimity Instruction If Multiple Items. People v. Sutherland (1993) 17. This means people must follow this rule, and breaking it can lead to criminal penalties.