CALCRIM No. 1863

§ 511)

If the defendant obtained property under a claim of right, (he/she) did

not have the intent required for the crime of (theft/ [or] robbery).

The defendant obtained property under a claim of right if (he/she)

believed in good faith that (he/she) had a right to the specific property or

a specific amount of money, and (he/she) openly took it.

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.

[The claim-of-right defense does not apply if the defendant attempted to

conceal the taking at the time it occurred or after the taking was

discovered.]

[The claim-of-right defense does not apply to offset or pay claims against

the property owner of an undetermined or disputed amount.]

[The claim-of-right defense does not apply if the claim arose from an

activity commonly known to be illegal or known by the defendant to be

illegal.]

If you have a reasonable doubt about whether the defendant had the

intent required for (theft/ [or] robbery), you must find (him/her) not

guilty of <insert specific theft crime>.

New January 2006; Revised October 2010, August 2015, February 2016