CALCRIM No. 1820

§ 10851(a), (b))

The defendant is charged [in Count] with unlawfully taking or

driving a vehicle [in violation of Vehicle Code section 10851].

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

prove that:

<Alternative A—taking with intent to deprive>

[1. The defendant took someone else’s vehicle without the owner’s

consent;

2. When the defendant took the vehicle, (he/she) intended to deprive

the owner of possession or ownership of the vehicle for any

period of time;

AND

3. The vehicle was worth more than $950.]

[OR]

<Alternative B—posttheft driving>

[1. The defendant drove someone else’s vehicle without the owner’s

consent;

2. When the defendant drove the vehicle, (he/she) intended to

deprive the owner of possession or ownership of the vehicle for

any period of time;

AND

3. The driving occurred after a substantial break from the original

theft of the vehicle.]

[Even if you conclude that the owner had allowed the defendant or

someone else to take or drive the vehicle before, you may not conclude

that the owner consented to the driving or taking on

<insert date of alleged crime> based on that previous consent alone.]

[A taking requires that the vehicle be moved for any distance, no matter

how small.]

[A vehicle includes a (passenger vehicle/motorcycle/motor scooter/bus/

schoolbus/commercial vehicle/truck tractor/ [and] trailer/ [and]

semitrailer/ <insert other type of vehicle>).]

<Sentencing Factor: Ambulance, Police V ehicle, Fire Dept. V ehicle>

[If you find the defendant guilty of unlawfully taking or driving a

vehicle, you must then decide whether the People have proved the

additional allegation that the defendant took or drove an emergency

vehicle on call. To prove this allegation, the People must prove that:

1. The vehicle was (an ambulance/a distinctively marked law

enforcement vehicle/a distinctively marked fire department

vehicle);

2. The vehicle was on an emergency call when it was taken;

AND

3. The defendant knew that the vehicle was on an emergency call.

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.]

<Sentencing Factor: Modified for Disabled Person>

[If you find the defendant guilty of unlawfully taking or driving a

vehicle, you must then decide whether the People have proved the

additional allegation that the defendant took or drove a vehicle modified

for a disabled person. To prove this allegation, the People must prove

that:

1. The vehicle was modified for the use of a disabled person;

2. The vehicle displayed a distinguishing license plate or placard

issued to disabled persons;

AND

3. The defendant knew or reasonably should have known that the

vehicle was so modified and displayed the distinguishing plate or

placard.

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 January 2006; Revised September 2018, March 2021, February 2025