CA Identity Theft Attorney

Los Angeles Lawyer Defending Clients Accused of Identity Theft Crimes

Jury Instruction 2040. Unauthorized Use of Personal Identity Information

The defendant is charged [in Count ] with the unauthorized use of someone else’s personal identifying information [in violation of Penal Code section 530.5(a)].

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

1. The defendant willfully obtained someone else’s personal identifying information;

2. The defendant willfully used that information for an unlawful purpose;

AND

3. The defendant used the information without the consent of the person whose identifying information (he/she) was using.

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.]

Someone commits an act willfully when he or she does it willingly or on purpose.

An unlawful purpose includes unlawfully (obtaining/[or] attempting to obtain) (credit[,]/[or] goods[,]/[or] services[,]/[or] real property[,]/ [or] medical information) in the name of the other person without the consent of that person [[or]

[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.]

Someone commits an act willfully when he or she does it willingly or on purpose.

An unlawful purpose includes unlawfully (obtaining/[or] attempting to obtain) (credit[,]/[or] goods[,]/[or] services[,]/[or] real property[,]/ [or] medical information) in the name of the other person without the consent of that person [[or] <insert other unlawful purpose>].

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.

 

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