What is the test for determining whether intent to defraud is sufficient?

California, United States of America


The following excerpt is from The People v. Gassoway, B219544, No. BA 346636 (Cal. App. 2010):

When intent to defraud is an element of an offense, "it is sufficient if an intent appears to defraud any person, association, or body politic or corporate, whatever." ( 8.) Intent can seldom be proved by direct evidence; thus, the act itself plus its surrounding circumstances generally form the basis from which intent legitimately may be inferred. (People v. Smith (2009) 178 Cal.App.4th 475, 479 ["Because intent can seldom be proven by direct evidence, it typically is inferred from the circumstances"]; People v. Smith (1998) 64 Cal.App.4th 1458, 1469 [intent inferred from attempt to purchase item with counterfeit credit card bearing defendant's name but with account information from valid card].)

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