CALCRIM (Jury Instructions) Section 2003. give CALCRIM No. 2003, Insurance Fraud: Health-Care Claims—Total Value, with this instruction. Give the bracketed sent
CALCRIM (Jury Instructions) § 2003
give CALCRIM No. 2003, Insurance Fraud: Health-Care Claims—Total Value, with
this instruction.
Give the bracketed sentence that begins with “For the purpose of this instruction” if
the evidence shows an intent to defraud an entity or association rather than a natural
person. (Pen. Code, § 8.)
Give the bracketed sentence that begins with “It is not necessary” if the evidence
shows that the defendant did not succeed in defrauding anyone.
Related Instructions
CALCRIM No. 2000, Insurance Fraud: Fraudulent Claims.
CALCRIM No. 2002, Insurance Fraud: Vehicle Accident.
CALCRIM No. 2003, Insurance Fraud: Health-Care Claims—Total Value.
AUTHORITY
•
Elements. Pen. Code, § 550(a)(2) & (8).
•
Intent to Defraud Element of Offense. People v. Scofield (1971) 17 Cal.App.3d
1018, 1025–1026 [95 Cal.Rptr. 405]; People v. Benson (1962) 206 Cal.App.2d
519, 529 [23 Cal.Rptr. 908], overruled on other grounds in People v. Perez
(1965) 62 Cal.2d 769, 776, fn. 2 [44 Cal.Rptr. 326, 401 P.2d 934].
•
Intent to Defraud—Defined. People v. Pugh (2002) 104 Cal.App.4th 66, 72 [127
Cal.Rptr.2d 770]; People v. Gaul-Alexander (1995) 32 Cal.App.4th 735, 745 [38
Cal.Rptr.2d 176].
•
Intent to Defraud Entity. Pen. Code, § 8.
LESSER INCLUDED OFFENSES
Fraudulent claims for health-care benefits, under Penal Code section 550(a)(6) to
(9), are misdemeanors if the total amount of the claims does not exceed $950. (Pen.
Code, § 550(c)(2).) If the defendant is charged with a felony, then the misdemeanor
offense is a lesser included offense. The court must provide the jury with a verdict
form on which the jury will indicate if the total amount of the claims exceeds $950.
If the jury finds that the amount does not exceed $950, then the offense should be
set at a misdemeanor.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, §§ 222, 224.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, § 143.01[1][f] (Matthew Bender).
CALCRIM No. 2001
CRIMINAL WRITINGS AND FRAUD
90
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 2003. give CALCRIM No. 2003, Insurance Fraud: Health-Care Claims—Total Value, with this instruction. Give the bracketed sent. This means people must follow this rule, and breaking it can lead to criminal penalties.