What are the elements of a petty theft case?

California, United States of America


The following excerpt is from People v. Samantha G. (In re Samantha G.), B244527 (Cal. App. 2013):

Samantha contends there is insufficient evidence establishing she committed conspiracy to commit petty theft as charged in count 3 of the amended petition. As set forth above, "The elements of conspiracy are (1) an agreement; (2) specific intent; (3) two or more persons; (4) an unlawful object; and (5) an overt act." (People v. Marquez, supra, 28 Cal.App.4th at p. 1326.) The elements of petty theft are: "(1) the defendant took possession of personal property owned by someone else; (2) the defendant did so without the owner's consent; (3) when the defendant took the property, he or she intended to deprive the owner of it permanently; and (4) the defendant moved the property, even a small distance, and kept it for any period of time, however brief."

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