“Grand Theft Person” – What is this crime?

In California, “grand theft person” is the crime of unlawfully taking property directly from the person of the lawful owner. The property can be of any value. However, the item taken generally has to be touching the owner when it was taken.

Grand theft person is a wobbler that can carry up to 3 years in state prison.

What is the crime of grand theft person?

Under California state law, grand theft person is a type of larceny, or theft crime. It is prohibited by California Penal Code section 487(c) PC. This section of the statute states that “grand theft is theft committed… when the property is taken from the person of another.”

A theft offense is the crime of taking and moving someone else’s property without their knowledge and with the intent to deprive them of it.¹

Generally, to be a grand theft case in California, the value of the property taken has to be more than $950.² However, when the property is taken from the victim’s person, the value does not matter.³

It is up to the prosecutor to prove that the item was taken from the victim’s person. Law enforcement has to prove this element of the crime beyond a reasonable doubt.⁴

What does it mean for an item to be on someone’s person?

In order for an item to be on the victim’s person, it has to be attached to the person at the time the theft began. It is not usually sufficient for the item to be in the victim’s immediate presence.

Several cases by the California Supreme Court and the California Appellate Courts show where the victim’s “person” begins and ends. The focus has been on whether taking the property would endanger the victim.

For example: The victim had a wallet with $17 in his pants’ pocket. He took his pants off and used them as a pillow. The defendant took the money while the victim slept. The California Supreme Court ruled this was not on the victim’s “person” because it was not on or attached to the owner of the property, and was not carried or held in his actual physical possession.⁵

For example: The victim pushed a grocery cart, with a bag of groceries in it, in the parking lot. The defendant ran up, grabbed the bag of groceries from the cart, and fled. The California Court of Appeals said that this was theft from the victim’s “person” because the close proximity to the item created a threat of injury.⁶

For example: The victim sat in a chair in a nail salon. She put her purse on the floor and put her foot against the purse so she could feel its presence. The defendant grabbed the purse and fled. The California Court of Appeals ruled that this was on the victim’s “person” because it was kept in contact with the victim for the purpose of knowing where it was.⁷

Other cases show that nearby property that was voluntarily relinquished is not on the owner’s person.

For example: The victim put a bag of groceries in her car and got in the driver’s seat. She tossed her purse into the passenger’s seat. The defendant ran up and grabbed the purse from the passenger’s seat. An appellate court said that this was not a theft from the victim’s “person.” Even though it was in the victim’s immediate presence, she laid it down voluntarily and was not in contact with it.⁸

Other cases have made it clear that the item only has to be on the victim’s person at the beginning of the crime.

For example: 2 juveniles demand money from the victim and his friends. A fight starts. One of the defendants pulls out a knife and threatens the victim. The victim flees, dropping his cell phone. The defendant picks it up off the ground. The California Supreme Court ruled that this was grand theft person because the cell phone was on the victim’s person, was not relinquished voluntarily, and the defendants intended to steal something from the victim when the scene first started.⁹

Whether an item is on the victim’s person or not is very fact-specific. Small details matter. However, the difference can be substantial. If an item under $950 is taken from the victim’s person, it is grand theft. If it is not taken from the victim’s person, it is petty theft. Grand theft can be a felony that carries up to 3 years in prison. Petty theft is a misdemeanor that only carries up to 6 months in jail.

Defendants accused of grand theft from the person should strongly consider hiring a criminal defense lawyer.

How is this different from other California grand theft crimes?

Under California criminal law, grand theft from a person is just one of the ways that a theft crime can be grand theft. The other forms of grand theft are:

• taking money, labor, real property, or personal property valued over $950,
• taking more than $250 of certain farm crops or fish products,
• taking an automobile, also known as grand theft auto (Penal Code 487(d)(1) PC), and
• taking a firearm (Penal Code 487(d)(2) PC).¹⁰

When the theft is being done by an employee to his or her employer, it is grand theft if more than $950 is taken over a 12-month period.¹¹

California uses the fair market value to determine the value of property or services stolen. This is the highest price that the item would reasonably be sold for at the time and in the area of the unlawful taking.¹²

These other, related offenses to grand theft person can also happen in different ways, like by:

• embezzlement,
• false pretense,
• receiving stolen property, or
• shoplifting.

What are the penalties of a conviction for grand theft person?

Most charges of grand theft, including grand theft person, are wobblers in California. This means they can be charged either as a misdemeanor or as a felony charge. The district attorney has the discretion to choose which charge to file. He or she makes this decision based on:

• the defendant’s criminal record, and
• the specific facts of the case.

If grand theft person is charged as a misdemeanor, the potential time in county jail is up to 1 year.¹³

If grand theft person is charged as a felony offense, the prison sentencing range is 16 months, 2 years, or 3 years.¹⁴

There may also be penalty enhancements if the value of the property was more than $65,000.¹⁵ However, grand theft person is not a “strike” under California three strikes law.

Nevertheless, defendants convicted for grand theft person, especially for felony grand theft from a person, will have a serious blemish added to their criminal history.

The best way to avoid a misdemeanor or felony conviction is to establish an attorney-client relationship with a criminal defense attorney from a reputable law firm. With the legal advice of an attorney, defendants can raise legal defenses, like that the defendant had a claim of right to the property, and fight against a theft conviction.