CALCRIM No. 2041

(Pen. Code, § 530.5(c)(1), (2), or (3))

The defendant is charged [in Count] with the fraudulent

possession of personal identifying information [with a prior conviction

for the same offense][in violation of Penal Code section 530.5(c)((1)/(2)/

(3))].

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

prove that:

1. The defendant acquired or kept the personal identifying

information of (another person/ten or more other persons);

[AND]

2. The defendant did so with the intent to defraud another person(;/

.)

2. <Give paragraph 3 if defendant is charged with having a prior

conviction and has not stipulated to that conviction.>

[AND

3. The defendant has a prior conviction for <insert

prior conviction suffered pursuant to Penal Code section 530.5>.]

A person intends to defraud if he or she intends to deceive another

person in order 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.

Personal identifying information means <insert relevant items

from Pen. Code, § 530.55(b)> or an equivalent form of identification.

[As used here, person means a human being, whether living or dead, or a

firm, association, organization, partnership, business trust, company,

corporation, limited liability company, public entity or any other legal

entity.]

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.

New August 2009; Revised April 2010