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F 15.40a
False Or Fraudulent Insurance Claim
(PC 550)
*Add to CJ 15.40:
3. Such person had actual knowledge that the claim was false or fraudulent.
Points and Authorities
PC 550 requires that the defendant “knowingly” submit a false or fraudulent insurance claim. (See also People v. Scofield (71) 17 CA3d 1018, 1026 [95 CR 405].)
However, CJ 15.40 omits this requirement, as does CJ 15.26 which defines intent to defraud.
Failure to adequately instruct the jury upon matters relating to proof of any element of the charge and/or the prosecution’s burden of proof thereon violates the defendant’s state (Art. I, § 15 and § 16) and federal (6th and 14th Amendments) constitutional rights to trial by jury and due process. [See generally, FORECITE PG VII(C).]
SUBSEQUENT HISTORY: CALJIC’s 6th Edition adopted FORECITE’s position (see FORECITE F 15.40a) and added the knowledge requirement which was missing from the 5th Edition.
