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F 18.37 n1 Diversion Of Construction Funds: Mens Rea (PC 484b).
Willful diversion of construction funds pursuant to PC 484b is a general intent offense. (People v. Stark (94) 26 CA4th 1179, 1182-83 [31 CR2d 887].)
F 18.37 n2 Diversion Of Construction Funds: Distinction With Submission Of False Voucher.
Submission of a false voucher under PC 484c addresses a different harm than that addressed by the diversion of construction funds provision in PC 484b. While PC 484b is intended to protect property owners from damage where contractors fail to complete improvements or to pay construction costs, PC 484c is designed to protect lenders against dishonest practices by borrowers. PC 484c requires a showing that the defendant lied in a request for loan funds and then used the funds for a purpose other than stated in the request. (People v. Wooten (96) 44 CA4th 1834, 1848 [52 CR2d 765].)
In Wooten, it was held that an instruction which quoted the language of PC 484c is sufficient. (Wooten, 44 CA4th at 1848.)