| Grand Theft Auto | | | | 2. When the person took or drove away the |
| Grand theft of an automobile occurs when | | | | automobile, he/she had the specific intent to |
| someone takes another person's car without | | | | deprive the owner permanently of his/her |
| permission, with the intent to permanently deprive | | | | property. |
| them of it. Grand theft requires that the property | | | | However, if a person is convicted of more than |
| stolen have a value over $400. Grand theft auto | | | | one grand theft auto offense, the punishment |
| is a felony, punishable with imprisonment in the | | | | increases to imprisonment in the state prison for |
| state prison for 16 months, 2, or 3 years. | | | | 2, 3, or 4 years and/or a fine up to $10,000. This |
| Grand Theft is defined in California Penal Code | | | | enhancement applies to the following vehicles, as |
| Section 487. In order to convict for grand theft | | | | defined by |
| auto the following case must be proven, according | | | | California Penal Code Section 666.5: |
| to the jury instructions that the judge will advise | | | | A motor vehicle, as defined in Section |
| the jury to follow before they deliberate on the | | | | 415 of the Vehicle Code |
| case. Jury instructions outline the law and the | | | | Any trailer, as defined in Section 630 of |
| parameters that the jury must follow in examining | | | | the Vehicle Code |
| the facts of the case. In California, the jury | | | | Any special construction equipment, as |
| instructions are called CALJIC. | | | | defined in Section 565 of the Vehicle Code |
| CALJIC 14.35 reads: | | | | Any motorized vessel, as defined in |
| "Every person who steals, takes, or drives away | | | | Section 21 of the Harbors and Navigation Code in |
| the automobile of another with the specific intent | | | | violation of former Section 487h, or a felony |
| to deprive him/her permanently of his/her | | | | violation of Section 496d regardless of whether |
| property is guilty of the crime of grand theft of | | | | or not the person actually served a prior prison |
| an automobile in violation of Penal Code section | | | | term for those offenses |
| 487h. | | | | The enhancement must be found to be true by a |
| In order to prove this crime, each of the following | | | | jury, in a case that must be proved "beyond a |
| elements must be proved: | | | | reasonable doubt," or admitted to by the |
| 1. A person took or drove away an automobile | | | | defendant in open court, or by way of |
| belonging to another person; and | | | | defendant's plea of guilty or nolo contendere. |