SERIES 1800 THEFT AND EXTORTION
F 1801 Theft: Degrees (PC 486, PC 487–488, PC 491)
TABLE OF CONTENTS
F 1801.1 Titles And Identification Of Parties
F 1801.1 Inst 1 Theft: Degrees—Title
F 1801.1 Inst 2 Identification Of Prosecution And Defendant
F 1801.2 Theft: Degrees—Tailoring To Facts: Persons, Places, Things And Theories
F 1801.2 Inst 1 Theft: Deletion Of Argumentative Language
F 1801.2 Inst 2 (a & b) Theft: Degrees—No Duty To Decide
F 1801.2 Inst 3 Theft: Degrees—Dewberry
F 1801.2 Inst 4 Grand Theft From The Person: Taking Of Property After Victim Flees [CALCRIM 3400 Adaption]
F 1801 Notes
F 1801 Note 1 Theft: Degrees—CALCRIM Cross-References And Research Notes
F 1801 Note 2 Grand Theft From The Person (PC 487(2))
F 1801 Note 3 Grand Theft From The Person (PC 487(2)): Taking Property After Victim Flees
Return to Series 1800 Table of Contents.
F 1801.1 Titles And Identification Of Parties
F 1801.1 Inst 1 Theft: Degrees—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1801.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 1801.2Theft: Degrees—Tailoring To Facts: Persons, Places, Things And Theories
F 1801.2 Inst 1 Theft: Deletion Of Argumentative Language
*Modify CC 1801, paragraph 3, as follows [deleted language is stricken]:
[Theft of property from the person is grand theft, no matter how much the property is worth. Theft is from the person if the property taken was in the clothing of, on the body of, or in a container held or carried by, that person.]
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 1801.2 Inst 2 (a & b) Theft: Degrees—No Duty To Decide
*Add to CC 1801, paragraph 1 [added language is underlined]:
Alternative a:
If you conclude that the defendant committed a theft, you must attempt to decide whether the crime was grand theft or petty theft.
Alternative b:
If you conclude that the defendant committed a theft, you must decide, if you can, whether the crime was grand theft or petty theft.
Points and Authorities
See FORECITE F 100.7 Inst 1.
F 1801.2 Inst 3 Theft: Degrees—Dewberry
*Add to CC 1801:
If you are satisfied that defendant was guilty of theft but you have a reasonable doubt as to whether it is in the first or second degree, you must find (him/her) guilty of theft in the second degree.
Points and Authorities
See FORECITE F 1602.2 Inst 3.
F 1801.2 Inst 4 Grand Theft From The Person: Taking Of Property After Victim Flees [CALCRIM 3400 Adaption]
The prosecution must prove the defendant committed the crime[s] of theft from the person. The defendant contends (he/she) did not commit (this crime/these crimes) and that (he/she) did not intend to steal when the ________ <item alleged to have been taken> [was separated from] [dropped by] _______________ <name of alleged victim>. The prosecution must prove that the defendant did intend to steal when the ________ <item alleged to have been taken> [was separated from] [dropped by] _______________ <name of alleged victim> and committed the crime[s] with which (he/she) is charged. The defendant does not need to prove (he/she) did not.
If you have a reasonable doubt that the defendant had an intent to steal when the ________ <item alleged to have been taken> [was separated from] [dropped by] _______________ <name of alleged victim> or about any other essential fact or element necessary to prove the defendant guilty, you must vote to find (him/er) not guilty.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request – [See CALCRIM Motion Bank # CCM-001.]
Right To Instruction Relating Defense Theory To Burden Of Proof – See FORECITE F 315.1.2 Inst 2.
After Acquired Intent As Defense Theory – See In re Jesus O. (2006) 40 C4th 859, 867-68.
WARNING! Federal constitutional claims may be lost without proper federalization – To preserve federal claims counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 1801 NOTES
F 1801 Note 1 Theft: Degrees—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 1800 Notes
CALCRIM 1800 [Theft by Larceny]
CALCRIM 1802 [Theft: As Part of Overall Plan]
CALCRIM 1803 [Theft: By Employee or Agent]
CALCRIM 1804 [Theft by False Pretense]
CALCRIM 1805 [Theft by Trick]
CALCRIM 1806 [Theft by Embezzlement]
CALCRIM 1807 [Theft From Elder or Dependent Adult]
Research Notes:
See CLARAWEB Forum, Theft And Extortion—Series 1800.
F 1801 Note 2 Grand Theft From The Person (PC 487(2))
Theft from a shopping cart being pushed by the victim is grand theft from the person. (In re George B. (1991) 228 CA3d 1088, 1091-93; but see dissent of Sparks, J., relying on People v. McElroy (1897) 116 C 583, to argue that the property must be 1) manually fixed or attached to the body and 2) personally carried by the victim.
CALJIC NOTE: See FORECITE F 14.23 n1.
F 1801 Note 3 Grand Theft From The Person (PC 487(2)): Taking Property After Victim Flees
Taking property abandoned by the victim during or after an assault is grand theft from the person if the defendant intended to steal when he first assaulted the victim.(In re Jesus O. (2006) 40 C4th 859, 867-68.)
