Section 1801 | CALCRIM (Jury Instructions)

value or enjoyment. (See People v. Avery (2002) 27 Cal.4th 49, 57–58 [115
Cal.Rptr.2d 403, 38 P.3d 1].) Select the appropriate language in element 3.
Related Instructions
If the defendant is also charged with grand theft, give CALCRIM No. 1801, Theft:
Degrees. If the defendant is charged with petty theft, no other instruction is
required, and the jury should receive a petty theft verdict form.
If the defendant is charged with petty theft with a prior conviction, give CALCRIM
No. 1850, Petty Theft With Prior Conviction.
If a different theory of theft is presented, see CALCRIM No. 1804, Theft by False
Pretense, CALCRIM No. 1805, Theft by Trick, CALCRIM No. 1806, Theft by
Embezzlement. See also CALCRIM No. 1861, Jury Does Not Need to Agree on
Form of Theft. The court may also wish to instruct with the bracketed “[by
larceny]” in the first sentence to distinguish this theory of theft from the others.
For theft of real property, use CALCRIM No. 1804, Theft by False Pretense. (See
People v. Sanders (1998) 67 Cal.App.4th 1403, 1413–1417 [79 Cal.Rptr.2d 806].)
AUTHORITY
•
Elements. Pen. Code, § 484; People v. Williams (1946) 73 Cal.App.2d 154, 157
[166 P.2d 63]; People v. Edwards (1925) 72 Cal.App. 102, 112–117 [236 P. 944],
disapproved on other grounds in In re Estrada (1965) 63 Cal.2d 740, 748 [48
Cal.Rptr. 172, 408 P.2d 948].
•
Intent to Deprive Owner of Main Value. People v. Avery, supra, 27 Cal.4th at pp.
57–59; People v. Zangari (2001) 89 Cal.App.4th 1436, 1447 [108 Cal.Rptr.2d
250].
•
Unauthorized Use of Utilities. People v. Myles (2023) 89 Cal.App.5th 711, 731
[306 Cal.Rptr.3d 288].
COMMENTARY
Asportation
To constitute a completed theft, the property must be asported or carried away.
(People v. Shannon (1998) 66 Cal.App.4th 649, 654 [78 Cal.Rptr.2d 177].)
Asportation requires three things: (1) the goods are severed from the possession or
custody of the owner, (2) the goods are in the complete possession of the thief or
thieves, and (3) the property is moved, however slightly. (Ibid.; People v. Edwards
(1925) 72 Cal.App. 102, 114–115 [236 P. 944], disapproved on other grounds in In
re Estrada (1965) 63 Cal.2d 740 [48 Cal.Rptr. 172, 408 P.2d 948]; People v. Collins
(1959) 172 Cal.App.2d 295, 299 [342 P.2d 370] [joint possession of property by
more than one thief].) Asportation is fulfilled by wrongful removal of property from
the owner or possessor, against his or her will with the intent to steal it, even
though the property is retained by the thief but a moment. (People v. Quiel (1945)
CALCRIM No. 1800
THEFT AND EXTORTION
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placed on the floor next to and touching the victim’s foot was held sufficient to
establish a taking from the person. The victim intentionally placed her foot next to
her purse, physically touching it and thereby maintaining dominion and control over
it.
Theft of Fish, Shellfish, or Aquacultural Products
Fish taken from public waters are not “property of another” within the meaning of
Penal Code section 484 and 487; only the F