# ELEMENTS OF THEFT
# ELEMENTS OF THEFT
****Petty theft, per** **PC 484** **and** **PC 488****, is the unlawful taking of** **property worth $950 or less.****
The elements of this crime are spelled out in California Criminal Jury Instruction “CALCRIM” 1800. For you to be convicted of petty theft, prosecutors must prove beyond a reasonable doubt the following five elements:
1. ****you took possession** **of property owned by someone else,****
2. ****the** **property is valued at $950 or less****,****
3. ****you took the property** **without the owner’s consent,****
4. ****when you took the property,** **you intended to deprive the owner of it**** ****permanently********,** **and****
5. ****you moved the property****, even a small distance,**** *****and***** **kept it for any period of time****, however brief.****
Aspects of these elements are discussed in more detail below.
### Owner vs. Possessor
The theft victim does not have to be the owner of the property.3 It is enough if the victim is just in possession (“control”) of the property
### Intent to Deprive
For prosecutors to prove you intended to deprive an owner permanently of their property, it is enough to show that:
- you intended to deprive an owner of the main value of their property, and
- this intent was for a given time.5
You may try to defend against a theft accusation by showing that you intended to return the property you took. However, you must return the property within a reasonable time of taking it.
A judge or jury will decide what is a “reasonable time” by examining the facts of the case
### Moving of Property
For a completed [theft crime](https://www.shouselaw.com/ca/defense/laws/theft/), you must have moved the property or carried it away.7 This is called “asportation” and must include three things:
1. the property in question is severed from the possession of the owner or possessor,
2. the goods are in your complete possession, and
3. the property is moved, however slightly
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