Mens Rea For Embezzlement: Intent To Temporarily Deprive
December 30th, 2014


People v. Casas (2010) 184 Cal. App. 4th 1242, 1247, concluded that the trial court correctly modified CC 1808 to instruct the jury that “an intent to temporarily deprive was sufficient to prove the mens rea of the crime of embezzlement.” Although not fully clear from the Casas opinion, the trial court’s modification was probably merely adding the bracketed portion of CC 1808 which provides that “An intent to deprive the owner of property, even temporarily, is enough.”

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