1803.Theft: By Employee or Agent (Pen. Code, § 487(b)(3))
If you conclude that the defendant committed more than one theft, you
must decide whether the defendant committed multiple petty thefts or a
single grand theft. To prove that the defendant is guilty of a single
grand theft, the People must prove that:
1. The defendant was an (employee/agent) of <insert
name of employer/principal>;
2. The defendant committed theft of property [or services] from
<insert name of employer/principal>;
3. The combined value of the property [or services] that the
defendant obtained during a period of 12 consecutive months
was $950 or more.
If you conclude that the People have failed to prove grand theft, any
multiple thefts you have found proven are petty thefts.
[An agent is a person who represents someone else in dealing with other
people, corporations, or entities.]
New January 2006; Revised February 2012
The court has a sua sponte duty to instruct on aggregating the value of the
property or services taken by an employee or agent if grand theft is charged on that
• Aggregating Value of Property Taken by Employee or Agent. Pen. Code,
§ 487(b)(3); People v. Packard (1982) 131 Cal.App.3d 622, 626–627 [182
• Agent Deﬁned. Civ. Code, § 2295.
• Employee Deﬁned. Lab. Code, § 2750.
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against
Property, §§ 11, 12.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143,
Crimes Against Property, § 143.01[a] (Matthew Bender).