CA · jury_instructions
CALCRIM No. 1810
Diversion of Construction Funds (Pen. Code, § 484b)
The defendant is charged [in Count] with diversion of
construction funds [in violation of Penal Code section 484b].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant received money for the purpose of obtaining or
paying for [construction] (services[,]/[or] labor[,]/[or]
materials[,]/[or] equipment);
2. The defendant willfully failed [either] (to complete the
improvements for which the money was provided/ [or] to pay for
the [construction] (services[,]/[or] labor[,]/[or] materials[,]/[or]
equipment) for which the money was provided);
[AND]
3. The defendant wrongfully diverted this money for a use other
than one for which the money was received(;/.)
[AND]
[4. The wrongful diversion caused the failure (to complete the
improvements for which the money was provided/ [or] to pay for
the [construction] (services[,]/[or] labor[,]/[or] materials[,]/[or]
equipment) for which the money was provided(;/.)]
[AND
(4/5). The amount of money diverted was greater than $2350.]
Someone commits an act willfully when he or she does it willingly or on
purpose. It is not required that he or she intend to break the law, hurt
someone else, or gain any advantage.
New October 2025
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2026
- Content hash
6fbcfbb263552e375cca9ccc2ada1ac8cae8c50a7a687e75d53cf0e5b351fba4
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