SERIES 1800 THEFT AND EXTORTION
F 1805 Theft By Trick (PC 484)
TABLE OF CONTENTS
F 1805.1 Titles And Identification Of Parties
F 1805.1 Inst 1 Theft By Trick—Title
F 1805.1 Inst 2 Identification Of Prosecution And Defendant
F 1805.2 Theft By Trick—Tailoring To Facts: Persons, Places, Things And Theories
F 1805.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
F 1805.3 Theft By Trick—Language That Is Argumentative, Confusing, Etc.
F 1805.3 Inst 1 Deletion Of Argumentative Language
F 1805.4 Theft By Trick—Burden Of Proof Issues
F 1805.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1805.5 Theft By Trick—Elements And Definitions
F 1805.5 Inst 1 Theft By Trick– Possession Issues And Instructions
F 1805.6 Theft By Trick—Defense Theories
F 1805.6 Inst 1 Slight Value As Factor For Jurors To Consider
F 1805.7 Theft By Trick—Preliminary Fact Issues [Reserved]
F 1805.8 Theft By Trick—Unanimity/Duplicity/Multiplicity [Reserved]
F 1805.9 Theft By Trick—Lesser Offense Issues [Reserved]
F 1805 Notes
F 1805 Note 1 Theft By Trick—CALCRIM Cross-References And Research Notes
F 1805 Note 2 Theft: Distinction Between Theft By False Pretenses And Theft By Trick and Device
Return to Series 1800 Table of Contents.
F 1805.1 Titles And Identification Of Parties
F 1805.1 Inst 1 Theft By Trick—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1805.1 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 1805.2Theft By Trick—Tailoring To Facts: Persons, Places, Things And Theories
F 1805.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
*Modify CC 1805, Element 1 through 3, as follows [added language is underlined; deleted language is stricken]:
1. The defendant obtained property _______________ <specification or description of property>“] that ;
2. (He/She) knew the _______________ <specification or description of property>“] was owned by someone else;
2 3. The property owner _______________ <name of property owner>“] [or the owner’s agent] consented to the defendant’s possession of the property;
4. _______________ <name of property owner>“] did so because the defendant used fraud or deceit;
[Renumber remaining elements.]
Points and Authorities
Tailoring To Facts—See FORECITE F 400.2 Inst 1.
Separate Enumeration—See FORECITE F 3500.2 Inst 1.
F 1805.3 Theft By Trick—Language That Is Argumentative, Confusing, Etc.
F 1805.3 Inst 1 Deletion Of Argumentative Language
*Modify CC 1805, paragraph 5, 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.
F 1805.4 Theft By Trick—Burden Of Proof Issues
F 1805.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1805.5 Theft By Trick—Elements And Definitions
F 1805.5 Inst 1 Theft By Trick– Possession Issues And Instructions
See FORECITE F 3306.
F 1805.6 Theft By Trick—Defense Theories
F 1805.6 Inst 1 Slight Value As Factor For Jurors To Consider
See FORECITE F 1804.6 Inst 1.
F 1805.7 Theft By Trick—Preliminary Fact Issues [Reserved]
F 1805.8 Theft By Trick—Unanimity/Duplicity/Multiplicity [Reserved]
F 1805.9 Theft By Trick—Lesser Offense Issues [Reserved]
F 1805 NOTES
F 1805 Note 1 Theft By Trick—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 1800 Notes
CALCRIM 1800 [Theft by Larceny]
CALCRIM 1801 [Theft: Degrees]
CALCRIM 1802 [Theft: As Part of Overall Plan]
CALCRIM 1803 [Theft: By Employee or Agent]
CALCRIM 1804 [Theft by False Pretense]
CALCRIM 1806 [Theft by Embezzlement]
CALCRIM 1807 [Theft From Elder or Dependent Adult]
Research Notes:
See CLARAWEB Forum, Theft And Extortion—Series 1800.
F 1805 Note 2 Theft: Distinction Between Theft By False Pretenses And Theft By Trick and Device
See FORECITE F 1800 Note 13.
CALJIC NOTE: See FORECITE F 14.00 n16.
