CJI2d[NY] Penal Law §§ 176.15, 176.20, 176.25, 176.30

The (specify) count is Insurance Fraud in the (specify) Degree.

Under our law, a person is guilty of Insurance Fraud in the (specify) Degree when he or she commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property [with a value in excess of (specify) dollars].

A FRAUDULENT INSURANCE ACT is committed by any person who, knowingly and with intent to defraud, presents, causes to be presented, or prepares with knowledge or belief that it will be presented, to or by:

Select appropriate alternative(s):

an insurer,

self-insurer, [or]

purported insurer, [or]

purported self-insurer, [or]

any agent thereof,

Select if commercial/personal insurance policy is alleged:

any written statement as part of, or in support of,

Select appropriate alternative(s):

an application for the issuance of, or the rating of, a commercial insurance policy, [or]

a certificate or evidence of self-insurance for commercial insurance or commercial self-insurance, [or]

a claim for payment or other benefit pursuant to an insurance policy or self-insurance program for commercial or personal insurance²

Select if health insurance policy is alleged:

any written statement or other physical evidence as part of, or in support of,

Select appropriate alternative(s):

an application for the issuance of a health insurance policy,³ [or]

a policy or contract or other authorization that provides or allows coverage for, membership or enrollment in, or other services of a public or private health plan,⁴ [or]

a claim for payment, services, or other benefit pursuant to such policy, contract, or plan⁵

that he or she knows to: (a) contain materially false information concerning any fact material thereto; or (b) conceal, for the purpose of misleading, information concerning any fact material thereto.

The following terms used in that definition have a special meaning:⁶

A person KNOWINGLY acts with respect to conduct or to a circumstance when that person is aware that his or her conduct is of such nature or that such circumstance exists.⁷

INTENT means conscious objective or purpose. Thus, a person acts with intent to defraud when that person's conscious objective or purpose is to do so.⁸

In order for you to find the defendant guilty of this crime, the People are required to prove from all of the evidence in the case beyond a reasonable doubt each of the following three elements:

1. That on or about (date) in the county of (county), the defendant (defendant's name) committed a fraudulent insurance act; and

2. The defendant did so knowingly and with intent to defraud; and

3. That the defendant thereby wrongfully took, obtained, or withheld [or attempted to wrongfully take, obtain, or withhold] property [with a value in excess of (specify the amount)].

If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.