CALCRIM No. 1761

Code, § 496.6(a))

The defendant is charged [in Count] with unlawful deprivation of

a retail business opportunity [in violation of Penal Code section

496.6(a)].

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

prove that:

1. The defendant (possessed/[or] acted together with [an]other

person[s] to possess) property that had been obtained by

(shoplifting[,]/[or] theft[,]/[or] burglary) from a retail business;

2. The defendant knew that the property had been stolen;

3. When the defendant possessed the property, (he/she) did not

intend to personally use the property;

4. When the defendant possessed the property, (he/she) intended to

(sell[,]/[or] exchange[,]/[or] return) the property for value;

AND

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

As used here, property includes merchandise or other products or goods

that can be bought or sold in a retail business.

[Two or more people can possess an item 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[,]/[

or] return) the property for value, you may consider whether, in the two

years prior to the offense date, the defendant (sold[,]/[or] exchanged[,]/[

or] returned) for value any property obtained through (shoplifting/[,]/[

or] theft/[,]/[or] burglary) from a retail business[, 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 (shoplifting[,]/[or] theft[,]/[or] burglary) from a retail business

that the defendant possessed within two years prior to the offense date, if

the defendant also intended to (sell[,]/[or]exchange[,]/[or] return) 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[,]/[or] return) that property for value and that property was

also obtained through [an] act[s] of (shoplifting[,]/[or] theft[,]/[or]

burglary) from a retail business.]

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

person[s] who committed the act[s] of (shoplifting[,]/[or] theft[,]/[or]

burglary) from a retail business.]

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