CALCRIM No. 2023. False Financial Statement: Use of False Identifying Information (Pen. Code, § 532a(4))
Judicial Council of California Criminal Jury Instructions (2024 edition)
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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 instruct on this sentencing factor.
This instruction must be given with the appropriate instruction on the other
elements of the offense, CALCRIM Nos. 2020 to 2022.
The court must provide the jury with a verdict form on which the jury will indicate
if the prosecution has or has not been proved that the defendant used false
identifying information.
Related Instructions
CALCRIM No. 2020, False Financial Statement: Making False Statement.
CALCRIM No. 2021, False Financial Statement: Obtaining Benefit.
CALCRIM No. 2022, False Financial Statement: Reaffırming Statement.
AUTHORITY
• Elements. Pen. Code, § 532a(4).
106
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, §§ 48-49.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, § 143.01[1] (Matthew Bender).
2024-2039. Reserved for Future Use
CRIMINAL WRITINGS AND FRAUD CALCRIM No. 2023
107
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