not met this burden, you must ﬁnd the defendant not guilty of grand
New January 2006; Revised February 2012, August 2015
The court has a sua sponte duty to give an instruction if grand theft has been
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.
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,
•Value/Nature of Property/Theft from the Person Pen. Code, §§ 487(b)–(d),
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property §§ 4, 8.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143,
Crimes Against Property, § 143.01 (Matthew Bender).
Proposition 47 (Penal Code Section 490.2)
After the passage of Proposition 47, 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.
Taking From the Person
To constitute a taking from the person, the property must, in some way, be
physically attached to the person. (People v. Williams (1992) 9 Cal.App.4th 1465,
1472 [12 Cal.Rptr.2d 243].) Applying this rule, the court in Williams 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].) Williams
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
THEFT AND EXTORTION CALCRIM No. 1801