Return to CALJIC Part 14-17 – Contents
F 14.23 n1 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. (91) 228 CA3d 1088, 1091-93 [279 CR 388]; 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.
F 14.23 n2 F 14.23 n2 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.)
F 14.23a Grand Theft From The Person: Taking Of Property After Victim Flees
See FORECITE F 1801.2 Inst 4.