SERIES 1800 THEFT AND EXTORTION
F 1804 Theft By False Pretense (PC 484)
TABLE OF CONTENTS
F 1804.1 Titles And Identification Of Parties
F 1804.1 Inst 1 Theft By False Pretense—Title
F 1804.1 Inst 2 Identification Of Prosecution And Defendant
F 1804.2 Theft By False Pretense—Tailoring To Facts: Persons, Places, Things And Theories
F 1804.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
F 1804.3 Theft By False Pretense—Language That Is Argumentative, Confusing, Etc.
F 1804.3 Inst 1 Deletion Of Argumentative Language
F 1804.4 Theft By False Pretense—Burden Of Proof Issues
F 1804.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1804.5 Theft By False Pretense—Elements And Definitions
F 1804.5 Inst 1 Theft By False Pretense—Possession Issues And Instructions
F 1804.5 Inst 2 Value As Element
F 1804.6 Theft By False Pretense—Defense Theories
F 1804.6 Inst 1 Slight Value As Factor For Jurors To Consider
Return to Series 1800 Table of Contents.
F 1804.1 Titles And Identification Of Parties
F 1804.1 Inst 1 Theft By False Pretense—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1804.1 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 1804.2Theft By False Pretense—Tailoring To Facts: Persons, Places, Things And Theories
F 1804.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
*Modify CC 1804, Elements as follow [added language is underlined; deleted language is stricken]:
1. The defendant knowingly and intentionally deceived a property owner _______________ <name of property owner> [or the owner’s agent];
2. He/She did so by false or fraudulent representation or pretense;
2 3. The defendant did so intending to persuade the owner _______________ <name of property owner> [or the owner’s agent] to let the defendant take possession and ownership of the property _______________ <specification or description of property>;
3 4. _______________ <name of property owner> [or the owner’s agent] let the defendant have possession and ownership of the property because the owner [or the owner’s agent] relied on the representation or pretense;
5. The owner relied on the false pretense. This requires that the prosecution prove that the falsehood in the false pretense was an important part of the reason the owner [or agent] decides decided to give up the property. The false pretense must be was an important factor, but it does even though it may not have been the only factor the owner [or agent] considers considered in making the decision. [If the owner [or agent] gives gave up property some time after the pretense is made, the owner [or agent] must do have done so because he or she relies relied on the pretense.]
AND
4 6. When the defendant got obtained* the property, (he/she) intended (to deprive the owner of it permanently/ [or] to remove it from the owner’s [or owner’s agent’s] possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property).
*Modify paragraph 3, (A/B/C) as follows:
[(A/B/C). Testimony from two witnesses or testimony from a single witness along with other evidence supports the conclusion that the defendant made the false pretense.]
*Modify paragraph 6, as follows:
[Someone makes To prove the defendant made a false pretense if the prosecution must prove that, intending to deceive, he or she does the defendant committed [one or more of] the following:
[1. Gives Gave information he or she knows is false(./;)]
[OR
2. Makes Made a misrepresentation recklessly without information that justifies a reasonable belief in its truth(./;)]
[OR
3. Does Did not give information when he or she has an obligation to do so(./;)]
[OR
4. Makes Made a promise not intending to do what he or she promises.]]
[Delete last paragraph.]
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—See FORECITE F 3500.2 Inst 1.
“Got” Vs. “Obtained”—See CALCRIM 1805.
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 1804.3 Theft By False Pretense—Language That Is Argumentative, Confusing, Etc.
F 1804.3 Inst 1 Deletion Of Argumentative Language
*Modify CC 1804, paragraph 10, as follows [deleted language is stricken]:
[For petty theft, the property taken can be of any value, no matter how slight.]
Points and Authorities
See FORECITE F 416.3 Inst 4.
STRATEGY NOTE—Alternatively, CALCRIM 1804, paragraph 10, should be balanced. (See FORECITE F 1804.6 Inst 1.)
F 1804.4 Theft By False Pretense—Burden Of Proof Issues
F 1804.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1804.5 Theft By False Pretense—Elements And Definitions
F 1804.5 Inst 1 Theft By False Pretense—Possession Issues And Instructions
See FORECITE F 3306.
F 1804.5 Inst 2 Value As Element
*Add to CC 1804 as Element as follows:
3. The property had some intrinsic value;
[Renumber remaining elements.]
Points and Authorities
See FORECITE F 1700 Note 15; see also F 417.5 Inst 2.
F 1804.6 Theft By False Pretense—Defense Theories
F 1804.6 Inst 1 Slight Value As Factor For Jurors To Consider
*Add to CC 1804, paragraph 10, if it is not deleted (but see FORECITE F 1804.3 Inst 1):
However, whether or not the value of the property was slight is a factor to consider, along with all the other evidence, in determining whether the prosecution has proved all essential facts and elements of the charge beyond a reasonable doubt.
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 1804.7 Theft By False Pretense—Preliminary Fact Issues [Reserved]
F 1804.8 Theft By False Pretense—Unanimity/Duplicity/Multiplicity [Reserved]
F 1804.9 Theft By False Pretense—Lesser Offense Issues [Reserved]
