CALCRIM No. 1760

The defendant is charged [in Count] with automotive property

theft for resale [in violation of Penal Code section 496.5].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant possessed property that was obtained through [an]

act[s] of (theft from a vehicle[,]/[or] unlawful entry of a

vehicle[,]/[or] burglary of a locked vehicle[,]/[or] vehicle

tampering);

2. When the defendant possessed the property, the defendant knew

that the property had been stolen;

3. The defendant (intended to sell or exchange the property for

value/ [or] intended to act with [an]other person[s] to sell or

exchange the property for value);

4. The defendant did not possess the property for personal use;

AND

5. The [combined] value of the property was more than $950.

[Two or more people can possess the property at the same time.] [A

person does not have to actually hold or touch something to possess it. It

is enough if the person has [control over it] [or] [the right to control it],

either personally or through another person.]

[In deciding whether the defendant intended to sell or exchange the

property for value, you may consider whether, in the two years prior to

the offense date, the defendant sold or exchanged for value any property

obtained through (theft from a vehicle[,]/[or] burglary of a locked

vehicle[,]/[or] vehicle tampering[,]/[or] <insert related

offense>).]

[In deciding whether the defendant intended to sell or exchange the

property for value, you may [also] consider whether the property is of a

type or quantity that would not normally be purchased for personal use

or personal consumption, including use or consumption by one’s

immediate family.]

[In deciding whether the combined value of the property is more than

$950, you may include the value of other property obtained through [an]

act[s] of (theft from a vehicle[,]/[or] unlawful entry of a vehicle[,]/[or]

auto burglary[,]/[or] vehicle tampering) that the defendant possessed

within two years prior to the offense date, if the defendant also intended

to sell or exchange that property for value.]

[In deciding whether the combined value of the property is more than

$950, you may [also] include the value of property possessed by another

person if that person acted with the defendant to sell or exchange that

property for value and that property was also obtained through [an]

act[s] of (vehicle theft[,]/[or] unlawful entry of a vehicle[,]/[or] burglary

of a locked vehicle[,]/[or] vehicle tampering).]

[The prosecution is not required to prove the (identity/identities) of the

person[s] who committed the act[s] of (vehicle theft[,]/[or] burglary of a

locked vehicle[,]/[or] vehicle tampering).]

New October 2025