CALCRIM (Jury Instructions) Section 1806. require that the property be ‘of another’ for embezzlement . . . . It is both illogical and unreasonable to hold that
CALCRIM (Jury Instructions) § 1806
require that the property be ‘of another’ for embezzlement . . . . It is both illogical
and unreasonable to hold that a partner cannot steal from his partners merely
because he has an undivided interest in the partnership property. Fundamentally,
stealing that portion of the partners’ shares which does not belong to the thief is no
different from stealing the property of any other person.” (People v. Sobiek (1973)
30 Cal.App.3d 458, 464, 468 [106 Cal.Rptr. 519, 106 Cal.Rptr. 519]; see Pen. Code,
§ 484.)
Fiduciary Relationships
Courts have held that creditor/debtor and employer/employee relationships are not
presumed to be fiduciary relationships in the absence of other evidence of trust or
confidence. (People v. Wooten (1996) 44 Cal.App.4th 1834, 1846 [52 Cal.Rptr.2d
765, 52 Cal.Rptr.2d 765] [creditor/debtor]; People v. Threestar (1985) 167
Cal.App.3d 747, 759 [213 Cal.Rptr. 510, 213 Cal.Rptr. 510] [employer/employee].)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, § 29.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, § 143.01 (Matthew Bender).
THEFT AND EXTORTION
CALCRIM No. 1806
1175
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 1806. require that the property be ‘of another’ for embezzlement . . . . It is both illogical and unreasonable to hold that. This means people must follow this rule, and breaking it can lead to criminal penalties.