CALCRIM No. 1805

The defendant is charged [in Count] with [grand/petty] theft by

trick [in violation of Penal Code section 484].

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

prove that:

1. The defendant obtained property that (he/she) knew was owned

by someone else;

2. The property owner [or the owner’s agent] consented to the

defendant’s possession of the property because the defendant used

fraud or deceit;

3. When the defendant obtained the property, (he/she) intended (to

deprive the owner of it permanently/ [or] to remove it from the

owner’s [or owner’s agent’s] possession for so extended a period

of time that the owner would be deprived of a major portion of

the value or enjoyment of the property);

4. The defendant kept the property for any length of time;

AND

5. The owner [or the owner’s agent] did not intend to transfer

ownership of the property.

[Obtaining the owner’s [or the owner’s agent’s] consent to use the

property for a specified purpose while intending to use it in a different

way constitutes fraud or deceit.]

[An agent is someone to whom the owner has given complete or partial