CALCRIM No. 1703

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; Revised October 2025*

* Denotes changes only to bench notes and other commentaries.