California Criminal Jury Instructions (CALCRIM) (2017)

1703. Shoplifting (Pen. Code, § 459.5)

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1703.Shoplifting (Pen. Code, § 459.5)
The defendant is charged [in Count ] with shoplifting [in
violation of Penal Code section 459.5].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant entered a commercial establishment;
2. When the defendant entered the commercial establishment, it
was open during regular business hours;
AND
3. When (he/she) entered the commercial establishment, (he/she)
intended to commit theft.
To decide whether the defendant intended to commit theft, please refer
to the separate instructions that I (will give/have given) you on that
crime.
The defendant does not need to have actually committed theft as long as
(he/she) entered with the intent to do so.
[A person enters a structure if some part of his or her body [or some
object under his or her control] penetrates the area inside the
structure’s outer boundary.]
[A structure’s outer boundary includes the area inside a window screen.]
New August 2015
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
crime.
To instruct on the necessary intent to commit theft, see CALCRIM No. 1800, Theft
by Larceny.
When the People allege the defendant has a prior conviction for an offense listed in
Penal Code section 667(e)(2)(C)(iv) or for an offense requiring registration pursuant
to subdivision (c) of section 290, give CALCRIM No. 3100, Prior Conviction:
Nonbifurcated Trial or CALCRIM No. 3101, Prior Conviction: Bifurcated Trial.
AUTHORITY
• Elements Pen. Code, § 459.5.
Burden for Consent Defense Is to Raise Reasonable Doubt People v. Sherow
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(2011) 196 Cal.App.4th 1296, 1308–1309 [128 Cal.Rptr.3d 255].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (4th ed. 2015 Supp.) Crimes Against
Property, § 14.
1704–1749. Reserved for Future Use
CALCRIM No. 1703 BURGLARY AND RECEIVING STOLEN PROPERTY
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