Section 1970 | CALCRIM (Jury Instructions)

[Credit, as used here, is an arrangement or understanding with a (bank
or depositary[,]/ [or] person[,]/ [or] firm[,]/ [or] corporation) for payment
of money authorized by (check[,]/ [or] draft[,]/ [or] order).]
Someone commits an act willfully when he or she does it willingly or on
purpose.
Someone intends to defraud if he or she intends to deceive another
person either to cause a loss of (money[,]/ [or] goods[,]/ [or] services[,]/
[or] something [else] of value), or to cause damage to, a legal, financial,
or property right.
[For the purpose of this instruction, a person includes (a governmental
agency/a corporation/a business/an association/the body politic).]
[It is not necessary that anyone actually be defrauded or actually suffer
a financial, legal, or property loss as a result of the defendant’s acts.]
[A person (uses/ [or] attempts to use) (a/an) (check[,]/ [or] draft[,]/ [or]
order) if he or she represents to someone that the instrument is genuine.
The representation may be made by words or conduct and may be either
direct or indirect.]
[The People allege that the defendant (made[,]/ [or] drew[,]/ [or]
delivered[,]/ [or] used[,]/ [or] attempted to use) the following items:
<insert description of each instrument when multiple items alleged>.
You may not find the defendant guilty unless you all agree that the
People have proved that the defendant (made[,]/ [or] drew[,]/ [or]
delivered[,]/ [or] used[,]/ [or] attempted to use) at least one of these items
and you all agree on which item (he/she) (made[,]/ [or] drew[,]/ [or]
delivered[,]/ [or] used[,]/ [or] attempted to use).]
[If you find the defendant guilty of (making[,]/ [or] drawing[,]/ [or]
delivering[,]/ [or] using[,]/ [or] attempting to use) (a/an) (check[,]/ [or]
draft[,]/ [or] order) knowing that there were insufficient funds for
payment of the (check[,]/ [or] draft[,]/ [or] order) you must also
determine whether the defendant was previously convicted of
<insert at least three theft crimes specified in Penal Code section 476a(b)>.]
<Defense: Reasonable Expectation of Payment>
[Even if the defendant (made[,]/ [or] drew[,]/ [or] delivered[,]/ [or]
used[,]/ [or] attempted to use) (a/an) (check[,]/ draft[,]/ [or] order)
knowing that there were insufficient funds for payment of the (check[,]/
draft[,]/ [or] order), the defendant did not intend to defraud if, at the
time (he/she) acted, (he/she) reasonably and actually believed that the
(check[,]/ draft[,]/ [or] order) would be paid by the (bank or
depositary[,]/ [or] person[,]/ [or] firm[,]/ [or] corporation) when
presented for payment.
The People have the burden of proving beyond a reasonable doubt that
CALCRIM No. 1970
CRIMINAL WRITINGS AND FRAUD
78

property, it is up to you to decide the meaning and importance of that conduct.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, §§ 180–187.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
Submission to Jury and Verdict