Writing a False Prescription – Prosecution – California Business & Professions Code Section 4324

To prove that the defendant is guilty of forgery by signing a false signature, the prosecution must prove that:

1.    The defendant signed (someone else’s name/ [or] a false name) to a prescription;
2.    The defendant did not have authority to sign that name;
3.    The defendant knew that (he/she) did not have that authority;
AND
4.    When the defendant signed the document, (he/she) intended to defraud.

To prove that the defendant is guilty of forgery by altering a prescription, the prosecution must prove that:

1.    The defendant falsely made, altered, forged, or counterfeited a prescription.
AND
2.    When the defendant did that act, (he/she) intended to defraud.

To prove that the defendant is guilty of forgery committed by passing, using, or attempting/offering to use a forged prescription, the prosecution must prove that:

1.    The defendant passed, used, attempted, or offered to use a false/altered/forged/counterfeited prescription;
2.    The defendant knew that the prescription was false/altered/forged/counterfeited;
AND
3.    When the defendant passed, used, attempted, offered, to use the prescription, he or she intended that it be accepted as genuine and he or she intended to defraud.

Someone intends to defraud if he or she intends to deceive another person either 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.

[For the purpose of this instruction, a person includes (a governmental agency/a corporation/a business/an association/the body politic).]

[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.]

A person alters a document if he or she adds to, erases, or changes a part of the document that affects a legal, financial, or property right.