CALCRIM No. 2002

The defendant is charged [in Count] with insurance fraud in

connection with a vehicle accident [in violation of Penal Code section

550(a)(3)].

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

prove that:

1. The defendant caused or participated in a vehicle accident;

2. The defendant knew that the purpose of the accident was to

present a false or fraudulent insurance claim;

AND

3. When the defendant caused or participated in the accident, (he/

she) intended to defraud.

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 presents a claim by demanding payment under a contract of

insurance for (a/an) ((loss/ [or] injury)/health-care benefit).

[A person causes an accident if the accident is the direct, natural, and

probable consequence of the person’s action and the accident would not

have happened without the act. A natural and probable consequence is

one that a reasonable person would know is likely to happen if nothing

unusual intervenes. In deciding whether a consequence is natural and

probable, consider all the circumstances established by the evidence.]

[There may be more than one cause of an accident. An act causes an

accident only if it is a substantial factor in causing the accident. A

substantial factor is more than a trivial or remote factor. However, it

need not be the only factor that causes the accident.]

New January 2006