Section 2020 | CALCRIM (Jury Instructions)

LESSER INCLUDED OFFENSES
A violation of Penal Code section 532a is a misdemeanor unless the defendant used
“a fictitious name, social security number, business name, or business address, or
. . . falsely represent[ed] himself or herself to be another person or another
business.” (Pen. Code, § 532a(4).) 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 this allegation has or has not
been proved. If the jury finds that the allegation has not been proved, then the
offense should be set at a misdemeanor.
RELATED ISSUES
Misrepresentation of Identity Insufficient
Penal Code section 532a “require[s] a false statement respecting ‘financial condition,
or means or ability to pay.’ ” (People v. Vincent (1993) 19 Cal.App.4th 696,
702–703 [23 Cal.Rptr.2d 714].) A statement in which the defendant misrepresents
his or her identity or social security number is insufficient. (Ibid.)
Application for Credit Does Not Include Apartment Rental
In People v. Maguire (1998) 67 Cal.App.4th 1022, 1029–1030 [79 Cal.Rptr.2d 573],
the court held that an application to rent an apartment containing false information
was not covered by Penal Code section 532a.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, §§ 48–49.
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, § 143.01[1] (Matthew Bender).
CRIMINAL WRITINGS AND FRAUD
CALCRIM No. 2020
99

2023. False Financial Statement: Use of False Identifying
Information (Pen. Code, § 532a(4))
If you find the defendant guilty of ((making/ [or] causing to be made) a
false written statement as charged in Count
[,]/ [or] obtaining a
benefit using a false written statement as charged in Count
[,]/
[or] representing as true a false written statement as charged in Count
), you must then decide whether the People have proved that the
defendant used false identifying information.
<Alternative A—fictitious information>
[To prove this allegation, the People must prove that the defendant used
a fictitious (name[,]/ [or] social security number[,]/ [or] business name[,]/
[or] business address).]
<Alternative B—represented self as someone else>
[To prove this allegation, the People must prove that the defendant
falsely (represented that (he/she) was someone else/ [or] claimed that (he/
she) represented a business when (he/she) did not).]
The People have the burden of proving this allegation beyond a
reasonable doubt. If the People have not met this burden, you must find
that this allegation has not been proved.
New January 2006
BENCH NOTES
Instructional Duty
If the defendant is charged with a felony based on using false identifying
information, the court has a sua sponte duty to i