SERIES 1800 THEFT AND EXTORTION
F 1803 Theft By Employee Or Agent (PC 487(b)(3))
TABLE OF CONTENTS
F 1803.1 Titles And Identification Of Parties
F 1803.1 Inst 1 Theft By Employee Or Agent—Title
F 1803.1 Inst 2 Identification Of Prosecution And Defendant
F 1803.2 Theft By Employee Or Agent—Tailoring To Facts: Persons, Places, Things And Theories
F 1803.2 Inst 1 Tailoring To Facts; Separate Enumeration Of Compound Elements; Incorporation Of Definition In Enumerated Elements
F 1803.3 Theft By Employee Or Agent—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1803.4 Theft By Employee Or Agent—Burden Of Proof Issues
F 1803.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1803.5 Theft By Employee Or Agent—Elements And Definitions [Reserved]
F 1803.6 Theft By Employee Or Agent—Defense Theories [Reserved]
F 1803.7 Theft By Employee Or Agent—Preliminary Fact Issues [Reserved]
F 1803.8 Theft By Employee Or Agent—Unanimity/Duplicity/Multiplicity [Reserved]
F 1803.9 Theft By Employee Or Agent—Lesser Offense Issues [Reserved]
F 1803 Notes
F 1803 Note 1 Theft By Employee Or Agent—CALCRIM Cross-References And Research Notes
Return to Series 1800 Table of Contents.
F 1803.1 Titles And Identification Of Parties
F 1803.1 Inst 1 Theft By Employee Or Agent—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1803.1 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 1803.2Theft By Employee Or Agent—Tailoring To Facts: Persons, Places, Things And Theories
F 1803.2 Inst 1 Tailoring To Facts; Separate Enumeration Of Compound Elements; Incorporation Of Definition In Enumerated Elements
*Modify the elements of CC 1803 as follows [added language is underlined; deleted language is stricken]:
[1. The defendant was an (employee/agent) of ________ <insert name of employer/principal>;]
AND
[1. The defendant was an (employee/agent) of represented ___________ <insert name of employer/principal> in dealing with (people/corporations/entities/ _______);]
AND
2. The defendant committed theft of [property] [or] [services] from ________ <insert name of employer/principal>;
AND
3. The combined value of the [property] [or] [services] that the defendant obtained from _______________ <name of alleged victim> during a the twelve month period of 12 consecutive months between _______________ <alleged starting date> and _______________ <alleged ending date> was $400 or more.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Tailoring To Facts—See FORECITE F 400.2 Inst 1.
Separate Enumeration Of Compound Elements—See FORECITE F 3500.2 Inst 1.
Incorporation Of Definition (Agent)—See FORECITE F 417.5 Inst 2.
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 1803.3 Theft By Employee Or Agent—Language That Is Argumentative, Confusing, Etc.[Reserved]
F 1803.4 Theft By Employee Or Agent—Burden Of Proof Issues
F 1803.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1803.5 Theft By Employee Or Agent—Elements And Definitions [Reserved]
F 1803.6 Theft By Employee Or Agent—Defense Theories [Reserved]
F 1803.7 Theft By Employee Or Agent—Preliminary Fact Issues [Reserved]
F 1803.8 Theft By Employee Or Agent—Unanimity/Duplicity/Multiplicity[Reserved]
F 1803.9 Theft By Employee Or Agent—Lesser Offense Issues [Reserved]
F 1803 NOTES
F 1803 Note 1 Theft By Employee Or Agent—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 1800 [Theft by Larceny]
CALCRIM 1801 [Theft: Degrees]
CALCRIM 1802 [Theft: As Part of Overall Plan]
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.
