CALCRIM No. 1801

490.3, 491)

If you conclude that the defendant committed a theft, you must decide

whether the crime was grand theft or petty theft.

[The defendant committed petty theft if (he/she) stole (property/ [(and/

or)] services) worth $950 or less.]

[The defendant committed grand theft if the value of the (property/

[(and/or)] services) is more than $950.]

[The defendant committed grand theft if the sum of the value of all

(property/[or] merchandise) [referenced in Count] is more

than $950.]

[Theft of property from the person is grand theft if the value of the

property is more than $950. Theft is from the person if the property

taken was in the clothing of, on the body of, or in a container held or

carried by, that person.]

[Theft of (an automobile/ a horse/ <insert other item listed in

statute>) is grand theft if the value of the property is more than $950.]

[Theft of a firearm is grand theft.]

[Theft of (fruit/nuts/ <insert other item listed in statute>)

worth more than $950 is grand theft.]

[Theft of (fish/shellfish/aquacultural products/ <insert other

item listed in statute>) worth more than $950 is grand theft if (it/they)

(is/are) taken from a (commercial fishery/research operation).]

[The value of <insert relevant item enumerated in Pen. Code,

§ 487(b)(1)(B)>may be established by evidence proving that on the day of

the theft, the same items of the same variety and weight as those stolen

had a wholesale value of more than $950.]

[The value of (property/services) is the fair (market value of the

property/market wage for the services performed).]

<Fair Market V alue—Generally>

[Fair market value is the highest price the property would reasonably

have been sold for in the open market at the time of, and in the general

location of, the theft.]

<Fair Market V alue—Urgent Sale>

[Fair market value is the price a reasonable buyer and seller would agree

on if the buyer wanted to buy the property and the seller wanted to sell

it, but neither was under an urgent need to buy or sell.]

The People have the burden of proving beyond a reasonable doubt that

the theft was grand theft rather than a lesser crime. If the People have

not met this burden, you must find the defendant not guilty of grand

theft.

New January 2006; Revised February 2012, August 2015, April 2020, September

2023, October 2025