Section 1820 | CALCRIM (Jury Instructions)

vehicle, you must then decide whether the People have proved the
additional allegation that the defendant took or drove an emergency
vehicle on call. To prove this allegation, the People must prove that:
1. The vehicle was (an ambulance/a distinctively marked law
enforcement vehicle/a distinctively marked fire department
vehicle);
2. The vehicle was on an emergency call when it was taken;
AND
3. The defendant knew that the vehicle was on an emergency call.
The People have the burden of proving this allegation beyond a
reasonable doubt. If the People have not met this burden, you must find
that the allegation has not been proved.]
<Sentencing Factor: Modified for Disabled Person>
[If you find the defendant guilty of unlawfully taking or driving a
vehicle, you must then decide whether the People have proved the
additional allegation that the defendant took or drove a vehicle modified
for a disabled person. To prove this allegation, the People must prove
that:
1. The vehicle was modified for the use of a disabled person;
2. The vehicle displayed a distinguishing license plate or placard
issued to disabled persons;
AND
3. The defendant knew or reasonably should have known that the
vehicle was so modified and displayed the distinguishing plate or
placard.
The People have the burden of proving this allegation beyond a
reasonable doubt. If the People have not met this burden, you must find
that the allegation has not been proved.]
New January 2006; Revised September 2018, March 2021
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
If the prosecution alleges that the vehicle was an emergency vehicle or was
modified for a disabled person, the court has a sua sponte duty to instruct on the
sentencing factor. (Veh. Code, § 10851(b); see Veh. Code, § 10851(d) [fact issues for
jury].)
CALCRIM No. 1820
THEFT AND EXTORTION
1180

LESSER INCLUDED OFFENSES
•
Attempted Unlawful Driving or Taking of Vehicle. Pen. Code, § 664; Veh. Code,
§ 10851(a), (b).
RELATED ISSUES
Other Modes of Transportation
The “joyriding” statute, Penal Code section 499b, now only prohibits the unlawful
taking of bicycles, motorboats, or vessels. The unlawful taking or operation of an
aircraft is a felony, as prohibited by Penal Code section 499d.
Community Property
A spouse who takes a community property vehicle with the intent to temporarily,
not permanently, deprive the other spouse of its use is not guilty of violating Vehicle
Code section 10851. (People v. Llamas (1997) 51 Cal.App.4th 1729, 1739–1740 [60
Cal.Rptr.2d 357].)
Consent Not Vitiated by Fraud
The fact that an owner’s consent was obtained by fraud or misrepresentation does
not supply the element of nonconsent. (People v. Cook (1964) 228 Cal.App.2d 716,
719 [39 Cal.Rptr. 802].)
Theft-Related Convictions
A person cannot be convicted of taking a vehicle and receiving it as stolen property
unless the jury finds that the defendant unlawfully drove the vehicle, as oppose