CALCRIM No. 1806

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

embezzlement [in violation of Penal Code section 503].

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

prove that:

1. An owner [or the owner’s agent] entrusted (his/her) property to

the defendant;

2. The owner [or owner’s agent] did so because (he/she) trusted the

defendant;

3. The defendant fraudulently (converted/used) that property for

(his/her) own benefit;

AND

4. When the defendant (converted/used) the property, (he/she)

intended to deprive the owner of (it/its use).

A person acts fraudulently when he or she takes undue advantage of

another person or causes a loss to that person by breaching a duty, trust

or confidence.

[A good faith belief in acting with authorization to use the property is a

defense.]

[In deciding whether the defendant believed that (he/she) had a right to

the property and whether (he/she) held that belief in good faith, consider

all the facts known to (him/her) at the time (he/she) obtained the

property, along with all the other evidence in the case. The defendant

may hold a belief in good faith even if the belief is mistaken or

unreasonable. But if the defendant was aware of facts that made that

belief completely unreasonable, you may conclude that the belief was not

held in good faith.]

[An intent to deprive the owner of property, even temporarily, is

enough.]

[Intent to restore the property to its owner is not a defense.]

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