Theft under California Penal Code 484 does not require in every case the intent to carry away or to deprive the owner of the property permanently. It therefore is not categorically a CMT. While CALJIC 14.02 states that theft by larceny under Penal Code 487 is committed by "every person who steals, takes, carries" . . . "with the specific intent to deprive the owner permanently of property," CALJIC 14.03 says the specific intent is satisfied "by either an intent to deprive an owner permanently of his or her property, or to deprive an owner temporarily, but for an unreasonable time, so as to deprive him or her of a major portion of its value or enjoyment."



Thanks to Kathy Brady.

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