CALCRIM No. 1808

The defendant is charged [in Count] with organized retail theft

[in violation of Penal Code section 490.4].

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

prove that:

Alternative A—acted in concert to steal merchandise

[1. The defendant acted together with one or more persons to steal

merchandise from (a merchant’s premises/ [or] an online

marketplace);

AND

2. When the defendant acted, (he/she) intended to (sell[,]/ [or]

exchange[,]/ [or] return) the merchandise for value.]

Alternative B—acted in concert to receive, purchase, or possess

[1. The defendant acted together with two or more persons to

(receive[,]/ purchase[,]/ [or] possess) merchandise from (a

merchant’s premises/ [or] an online marketplace);

AND

2. When the defendant acted, (he/she) knew or believed the

merchandise was stolen.]

Alternative C—acted as agent to steal

[1. The defendant acted as an agent of (another individual/ [or] a

group of individuals) to steal merchandise from one or more

(merchant’s premises/ [or] online marketplaces);

AND

2. When the defendant acted as an agent, the defendant knew that

(he/she) was representing [an]other[s] as part of an organized

plan to commit theft.]

[An agent is a person who represents someone else in dealing with other

people.]

Alternative D—recruited, coordinated, organized, etc.

[1. The defendant (recruited[,]/ [or] coordinated[,]/ [or] organized[,]/

[or] supervised[,]/ [or] directed[,]/ [or] managed[,]/ [or] financed)

another person;

AND

2. When the defendant acted, the defendant intended that the other

person[:]

2. [steal merchandise from [(a/an)] ((merchant’s/merchants’)

premises/ [or] online marketplace[s]) with the intent to (sell[,]/

[or] exchange[,] [or] return) the merchandise for value(;/.)]

[OR]

2. [steal merchandise from [(a/an)] ((merchant’s/merchants’)

premises/ [or] online marketplace[s]) with the intent to (sell[,]/

[or] exchange[,] [or] return) the merchandise for value(;/.)]

[OR]

2. [insert description of applicable statute defining theft of

merchandise.]]

[In deciding whether the defendant acted with [an]other person[s] to

commit theft, you may consider whether the defendant previously acted

with [an]other person[s] to commit theft [or any related offense[s].]

[In deciding whether the defendant acted with [an]other person[s] to

commit theft, you may [also] consider whether the defendant used or

possessed (a/an) (artifice/[,] instrument/[,] container/[,] device/[,] [or

other] article) capable of helping to remove merchandise from a retail

establishment without paying the purchase price and the use of the

(artifice/[,] instrument/[,] container/[,] device/ [or other] article) was part

of an organized plan to commit theft.]

[In deciding whether the defendant acted with [an]other person[s] to

commit theft, you may [also] consider whether the property involved in

the offense was a type or quantity that would not normally be purchased

for personal use or consumption and that the property is intended for

resale.]

Sentencing factor: aggregated value of two or more separate violations of

(a)(1), (a)(2), or (a)(3) within a 12-month period.

[If you find the defendant guilty of organized retail theft in Counts

, list counts charged under (a)(1), (a)(2), and (a)(3), you must

then decide whether the People have proved the additional allegation

that the combined value of the stolen merchandise was more than $950.

To prove this allegation, the People must prove that:

1. The defendant committed organized retail theft on two or more

separate occasions;

2. Those separate occasions all occurred within a 12-month period

of (one/each) [an]other;

AND

3. The combined value of the merchandise stolen was more than

$950.

CALCRIM No. 1808 THEFT AND EXTORTION

The People have the burden of proving this allegation beyond a

reasonable doubt. If the People have not met this burden, you must find

that the allegation has not been proved.]

New February 2026