Claim of Right: Lack of Concealment
December 20th, 2014
Caveat: Intent to permanently deprive the owner of the property taken is an essential element of larceny. (See CC 1600.) Accordingly, the jury cannot convict, if in light of all the evidence, including the defendant’s alleged claim of right, the intent to permanently deprive element has not been proven beyond a reasonable doubt.
People v. Fenderson (2010) 188 Cal. App. 4th 625, 644, upheld giving CC 863 over an objection that the bracketed language, that concealment renders it inapplicable, should only be given in embezzlement cases. “Lack of concealment is evidence that a defendant has a good faith belief in his or her right to the property at issue.” (Ibid.)
Tags: CC 863, Claim of Right, Defense Theory Instructions