CALCRIM No. 1935

§ 476)

The defendant is charged [in Count] with (possessing[,]/ [or]

making[,]/ [or] passing[,]/ [or] using[,]/ [or] attempting to pass or use)

(a/an) (false/ [or] altered) (check[,]/ [or] bill[,]/ [or] note[,]/ [or other]

legal writing for the payment of money or property) [in violation of

Penal Code section 476].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant (possessed[,]/ [or] made[,]/ [or] passed[,]/ [or]

used[,]/ [or] attempted to pass or use) (a/an) (false/ [or] altered)

(check[,]/ [or] bill[,]/ [or] note[,]/ [or other] legal writing for the

payment of money or property);

2. The defendant knew that the document was (false/ [or] altered);

[AND]

3. When the defendant (possessed[,]/ [or] made[,]/ [or] passed[,]/ [or]

used[,]/ [or] attempted to pass or use) the document, (he/she)

intended to defraud(;/.)

<Give element 4 only when possession charged.>

[AND

4. When the defendant possessed the document, (he/she) intended to

pass or use the document as genuine.]

Someone intends to defraud if he or she intends to deceive another

person either to cause a loss of (money[,]/ [or] goods[,]/ [or] services[,]/

[or] something [else] of value), or to cause damage to, a legal, financial,

or property right.

[For the purpose of this instruction, a person includes (a governmental

agency/a corporation/a business/an association/the body politic).]

[It is not necessary that anyone actually be defrauded or actually suffer

a financial, legal, or property loss as a result of the defendant’s acts.]

[A person alters a document if he or she adds to, erases, or changes a

part of the document that affects a legal, financial, or property right.]

A person (passes[,]/ [or] uses[,]/ [or] attempts to pass or use) a document

if he or she represents to someone that the document is genuine. The

representation may be made by words or conduct and may be either

direct or indirect.

[The People allege that the defendant (possessed[,]/ [or] made[,]/ [or]

passed[,]/ [or] used[,]/ [or] attempted to pass or use) the following

documents: <insert description of each document when

multiple items alleged>. Y ou may not find the defendant guilty unless you

all agree that the People have proved that the defendant (possessed[,]/

[or] made[,]/ [or] passed[,]/ [or] used[,]/ [or] attempted to pass or use) at

least one document that was (fictitious/ [or] altered) and you all agree on

which document (he/she) (possessed[,]/ [or] made[,]/ [or] passed[,]/ [or]

used[,]/ [or] attempted to pass or use).]

<Sentencing factor for instruments specified in Penal Code section 473(b)>

[If you find the defendant guilty of (possessing[,]/[or] making[,]/ [or]

passing [,]/ [or] using[,]/ [or] attempting to pass or use) a fictitious

(check/bill/note/legal writing), you must then decide whether the value of

the (check/bond/bank bill/note/cashier’s check/traveler’s

check/money order) was more than $950. If you have a reasonable doubt

whether the value of the (check/bond/bank

bill/note/cashier’s check/traveler’s check/money order) has a value of

more than $950, you must find this allegation has not been proved.]

New January 2006; Revised April 2011, March 2019