SERIES 1800 THEFT AND EXTORTION
F 1822 Unlawful Taking Of Bicycle Or Vessel (PC 499b)
TABLE OF CONTENTS
F 1822.1 Titles And Identification Of Parties
F 1822.1 Inst 1 Unlawful Taking Of Bicycle Or Vessel—Title
F 1822.1 Inst 2 Identification Of Prosecution And Defendant
F 1822.2 Unlawful Taking Of Bicycle Or Vessel—Tailoring To Facts: Persons, Places, Things And Theories
F 1822.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts; Deletion Of Argumentative Language
F 1822.3 Unlawful Taking Of Bicycle Or Vessel—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1822.4 Unlawful Taking Of Bicycle Or Vessel—Burden Of Proof Issues
F 1822.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1822.5 Unlawful Taking Of Bicycle Or Vessel—Elements And Definitions
F 1822.5 Inst 1 Unlawful Vehicle Taking: Joy Rider Need Not Have Taken The Vehicle (PC 499b)
F 1822.6 Unlawful Taking Of Bicycle Or Vessel—Defense Theories [Reserved]
F 1822.7 Unlawful Taking Of Bicycle Or Vessel—Preliminary Fact Issues [Reserved]
F 1822.8 Unlawful Taking Of Bicycle Or Vessel—Unanimity/Duplicity/Multiplicity [Reserved]
F 1822.9 Unlawful Taking Of Bicycle Or Vessel—Lesser Offense Issues [Reserved]
F 1822 Notes
F 1822 Note 1 Unlawful Taking Of Bicycle Or Vessel—CALCRIM Cross-References And Research Notes
F 1822 Note 2 Taking And Receiving The Same Bicycle/Vessel (PC 499b)
Return to Series 1800 Table of Contents.
F 1822.1 Titles And Identification Of Parties
F 1822.1 Inst 1 Unlawful Taking Of Bicycle Or Vessel—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1822.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 1822.2 Unlawful Taking Of Bicycle Or Vessel—Tailoring To Facts: Persons, Places, Things And Theories
F 1822.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts; Deletion Of Argumentative Language
*Modify CC 1822, Elements, as follows [added language is underlined; deleted language is stricken]:
1. The defendant took someone else’s _______________’s <name of alleged victim> (bicycle/vessel) _______________ <specification or description of item taken>;
2. The defendant did so without the owner’s _______________’s <name of alleged victim> consent;
AND
2 3. When the defendant acted, (he/she) intended to use [or operate] the (bicycle/vessel) _______________ <specification or description of item taken> for any period of time.
[A taking requires that the (bicycle/vessel) _______________ <specification or description of item taken> be moved for any distance, no matter how slight.]
Points and Authorities
Tailor To Facts—See FORECITE F 400.2 Inst 2.
Separate Enumeration—See FORECITE F 3500.2 Inst 1.
F 1822.3 Unlawful Taking Of Bicycle Or Vessel—Language That Is Argumentative, Confusing, Etc.[Reserved]
F 1822.4 Unlawful Taking Of Bicycle Or Vessel—Burden Of Proof Issues
F 1822.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1822.5 Unlawful Taking Of Bicycle Or Vessel—Elements And Definitions
F 1822.5 Inst 1 Unlawful Vehicle Taking: Joy Rider Need Not Have Taken The Vehicle (PC 499b)
*Modify CC 1822, Element 1, as follows [added language is underlined]:
1. The defendant took [or rode/operated] someone else’s (bicycle/vessel) without the owner’s consent;
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Defendant Does Not Have To Be The Original Taker—PC 499b states that joy riding is committed when a person “take[s]” a bicycle/vessel without the owner’s permission for the purpose of temporarily using or operating the same. However, even though the statute uses the word “take,” the statute should be construed to include taking temporary possession through an act of driving/operating. Hence, even though the defendant was not the person who originally took the bicycle/vessel, if the defendant subsequently operated the bicycle/vessel, then PC 499b has been violated. The above clarifying modification of CC 1822 should be given when appropriate and the failure to do so upon request may be reversible error. (See People v. Frye (1994) 28 CA4th 1080, 1085-86.)
CALJIC NOTE: See FORECITE F 16.305a.
F 1822.6 Unlawful Taking Of Bicycle Or Vessel—Defense Theories [Reserved]
F 1822.7 Unlawful Taking Of Bicycle Or Vessel—Preliminary Fact Issues [Reserved]
F 1822.8 Unlawful Taking Of Bicycle Or Vessel—Unanimity/Duplicity/Multiplicity [Reserved]
F 1822.9 Unlawful Taking Of Bicycle Or Vessel—Lesser Offense Issues [Reserved]
F 1822 NOTES
F 1822 Note 1 Unlawful Taking Of Bicycle Or Vessel—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 1820 [Unlawful Taking or Driving of Vehicle]
CALCRIM 1821 [Tampering With a Vehicle]
Research Notes:
See CLARAWEB Forum, Theft And Extortion—Series 1800.
Annotation, Participation in larceny or theft as precluding conviction for receiving or concealing the stolen property, 29 ALR5th 59 and Later Case Service.
F 1822 Note 2 Taking And Receiving The Same Bicycle/Vessel (PC 499b)
See FORECITE F 1750 Note 1 and F 1820 Note 2.
CALJIC NOTE: See FORECITE F 16.305 n3.
