CALCRIM No. 1807

(e))

The defendant is charged [in Count] with theft of property from

(an elder/a dependent adult) [in violation of Penal Code section 368].

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

prove that:

1. The defendant committed (theft[,]/ embezzlement[,]/ forgery[,]/

fraud[,]/ [or] identity theft);

2. The (property taken/ [or] personal identifying information used)

was (owned by/that of) (an elder/a dependent adult);

<Do not give element 3 in misdemeanor cases where the value is $950 or

less.>

3. [The property, goods, or services obtained was worth more than

$950;]

AND

<Alternative 4A—defendant not caretaker>

[4. The defendant knew or reasonably should have known that the

(owner of the property/person to whom the identifying

information belonged) was (an elder/a dependent adult).]

[OR]

<Alternative 4B—defendant caretaker>

[4. The defendant was a caretaker of the (elder/dependent adult).]

To decide whether the defendant committed (theft[,]/ embezzlement[,]/

forgery[,]/ fraud[,]/ [or] identity theft), please refer to the separate

instructions that I (will give/have given) you on (that/those) crime[s].

[An elder is someone who is at least 65 years old.]

[A dependent adult is someone who is between 18 and 64 years old and

has physical or mental limitations that restrict his or her ability to carry

out normal activities or to protect his or her rights.] [This definition

includes an adult who has physical or developmental disabilities or

whose physical or mental abilities have decreased because of age.] [A

dependent adult is also someone between 18 and 64 years old who is an

inpatient in a [psychiatric] health facility [or chemical dependency

recovery hospital/ or <insert relevant type of health facility

from Health & Saf. Code, § 1250>] that provides 24-hour inpatient care.]

[A caretaker is someone who has the care, custody, or control of (a/an)

(elder/dependent adult), or is someone who stands in a position of trust

with (a/an) (elder/dependent adult).]

[Property includes money, labor, or real or personal property.]

[Under the law, a person becomes one year older as soon as the first

minute of his or her birthday has begun.]

New January 2006; Revised February 2012, February 2013, October 2021, March

2024*

* Denotes changes only to bench notes and other commentaries.