CALCRIM (Jury Instructions) Section 2040. In the definition of personal identifying information, give the relevant items based on the evidence presented. The defi
CALCRIM (Jury Instructions) § 2040
In the definition of personal identifying information, give the relevant items based
on the evidence presented.
The definition of unlawful purpose is not limited to acquiring information for
financial motives, and may include any unlawful purpose for which the defendant
may have acquired the personal identifying information, such as using the
information to facilitate violation of a restraining order. (See, e.g., People v.
Tillotson (2007) 157 Cal.App.4th 517, 533 [69 Cal.Rptr.3d 42].)
AUTHORITY
•
Elements. Pen. Code, § 530.5(a).
•
Personal Identifying Information Defined. Pen. Code, § 530.55(b).
•
Person Defined. Pen. Code, § 530.55(a).
•
No Personation Requirement. People v. Barba (2012) 211 Cal.App.4th 214,
223–224 [149 Cal.Rptr.3d 371].
•
Proof of Knowledge that Information Belonged to a Real Person Not Required.
People v. Zgurski (2021) 73 Cal.App.5th 250, 264 [288 Cal.Rptr.3d 214].
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, §§ 210, 212.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, § 143.01[1], [4][h] (Matthew Bender).
CALCRIM No. 2040
CRIMINAL WRITINGS AND FRAUD
110
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 2040. In the definition of personal identifying information, give the relevant items based on the evidence presented. The defi. This means people must follow this rule, and breaking it can lead to criminal penalties.