CALCRIM No. 2004

Code, § 548(a))

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

destroying[,]/ [or] hiding[,]/ [or] abandoning[,]/ [or] disposing of) insured

property with intent to defraud [in violation of Penal Code section

548(a)].

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

prove that:

1. The defendant (injured[,]/ [or] destroyed[,]/ [or] hid[,]/ [or]

abandoned[,]/ [or] disposed of) property that was insured against

loss or damage from (theft[,]/ [or] embezzlement[,]/ [or] any

casualty other than fire);

AND

2. When the defendant did that act, (he/she) intended to (defraud/

[or] prejudice) the insurer.

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.]

[It does not matter whether the defendant or someone else owned or

possessed the property.]

New January 2006