1801 . Grand and Petty Theft (Pen. Code, §§ 486, 487-488, 490.2,
If you conclude that the defendant committed a theft, you must decide
whether the crime was grand theft or petty theft.
[The defendant committed petty theft if (he/she) stole (property/ [(and/
or)] services) worth $950 or less.]
[The defendant committed grand theft if the value of the (property/
[(and/or)] services) is more than $950.]
[Theft of property fr om the person is grand theft if the value of the
property is mor e than $950. Theft is from the person if the property
taken was in the clothing of, on the body of, or in a container held or
carried by , that person.]
[Theft of (an automobile/ a horse/ statute> ) is grand theft if the value of the property is mor e than $950.] [Theft of a firearm is grand theft.] [Theft of (fruit/nuts/ worth more than $950 is grand theft.] [Theft of (fish/shellfish/aquacultural products/ item listed in statute> ) worth more than $950 is grand theft if (it/they) (is/are) taken fr om a (commer cial fishery/resear ch operation).] [The value of § 487(b)(1)(B)> may be established by evidence proving that on the day of the theft, the same items of the same variety and weight as those stolen had a wholesale value of more than $950.] [The value of (property/services) is the fair (market value of the property/market wage for the services performed).] [ Fair market value is the highest price the property would r easonably have been sold for in the open market at the time of, and in the general location of, the theft.] [ Fair market value is the price a reasonable buyer and seller would agree on if the buyer wanted to buy the pr operty and the seller wanted to sell it, but neither was under an urgent need to buy or sell.] The People have the burden of proving beyond a r easonable doubt that the theft was grand theft rather than a lesser crime. If the People have not met this burden, you must find the defendant not guilty of grand New January 2006; Revised February 2012, August 2015, April 2020, September BENCH NOTES Instructional Duty The court has a sua sponte duty to give an instruction if grand theft has been If grand theft is based on multiple thefts arising from one overall plan, give CALCRIM No. 1802, Theft: As Part of Overall Plan . When the People allege the defendant has a prior conviction for an of fense listed in Penal Code section 667(e)(2)(C)(iv) or for an of fense requiring registration pursuant to subdivision (c) of section 290, give CALCRIM No. 3100, Prior Conviction: Nonbifur cated T rial or CALCRIM No. 3101, Prior Conviction: Bifur cated T rial . If the evidence raises an issue that the value of the property may be inflated or deflated because of some urgency on the part of either the buyer or seller , the second bracketed paragraph on fair market value should be given. • Determination of Grand vs. Petty Theft. Pen. Code, §§ 486, 487-488, 490.2, • V alue/Nature of Property/Theft From the Person. Pen. Code, §§ 487(b)-(e), 487a. • Theft of a Firearm Is Grand Theft. Pen. Code, §§ 487(d)(2), 490.2(c). RELA TED ISSUES Proposition 47 (Penal Code Section 490.2) After the passage of Proposition 47 in 2014, theft is defined in Penal Code section 487 as a misdemeanor unless the value of the property taken exceeds $950. (Pen. Code, § 490.2.) This represents a change from the way grand theft was defined under Penal Code section 487(b)-(d) before the enactment of Proposition 47. In 2016, Proposition 63 added subdivision (c) to Penal Code section 490.2 (excepting theft of a firearm). T aking From the Person T o constitute a taking from the person, the property must, in some way , be physically attached to the person. ( People v . W illiams (1992) 9 Cal.App.4th 1465, 1472 [12 Cal.Rptr .2d 243].) Applying this rule, the court in W illiams held that a purse taken from the passenger seat next to the driver was not a taking from the person. ( Ibid. [see generally for court’ s discussion of origins of this rule].) W illiams was distinguished by the court in People v . Huggins (1997) 51 Cal.App.4th 1654, 1656-1657 [60 Cal.Rptr .2d 177], where evidence that the defendant took a purse CALCRIM No. 1801 THEFT AND EXTORTION placed on the floor next to and touching the victim’ s foot was held suf f icient 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 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 Fish and Game Code applies to such takings. ( People v . Brady (1991) 234 Cal.App.3d 954, 959, 961-962 [286 Cal.Rptr . 19]; see, e.g., Fish & Game Code, § 12006.6 [unlawful taking of abalone].) V alue of W ritten Instrument If the thing stolen is evidence of a debt or some other written instrument, its value is (1) the amount due or secured that is unpaid, or that might be collected in any contingency , (2) the value of the property , title to which is shown in the instrument, or (3) or the sum that might be recovered in the instrument’ s absence. (Pen. Code, § 492; see Buck v . Superior Court (1966) 245 Cal.App.2d 431, 438 [54 Cal.Rptr . 282] [trust deed securing debt]; People v . Frankfort (1952) 114 Cal.App.2d 680, 703 [251 P .2d 401] [promissory notes and contracts securing debt]; People v . Quiel (1945) 68 Cal.App.2d 674, 678 [157 P .2d 446] [unpaid bank checks]; see also Pen. Code, §§ 493 [value of stolen passage tickets], 494 [completed written instrument need not be issued or delivered].) If evidence of a debt or right of action is embezzled, its value is the sum due on or secured by the instrument. (Pen. Code, § 514.) Section 492 only applies if the written instrument has value and is taken from a victim. (See People v . Sanders (1998) 67 Cal.App.4th 1403, 1414, fn. 16 [79 Cal.Rptr .2d 806].) SECONDAR Y SOURCES 2 W itkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Property §§ 4, 8. 6 Millman, Sevilla & T arlow , California Criminal Defense Practice, Ch. 143, Crimes Against Pr operty , § 143.01 (Matthew Bender). THEFT AND EXTORTION CALCRIM No. 1801 Page last reviewed May 2024 Kathryn Robb, National Director of the Children’s Justice Campaign at Enough Abuse, discusses Vice President Kamala Harris’s unusual mention of child sexual abuse during her Democratic National Convention speech and its broader implications for addressing this issue in America. Lawyers - Get Listed Now! Get a free directory profile listing
