California Penal Code 487(c) PC: Grand Theft Person Explained

California Penal Code 487(c) PC defines grand theft person, which occurs when a person steals property directly from another person's body, clothing, or immediate physical possession, regardless of the property's value.

Unlike standard grand theft under PC 487(a), which generally requires stolen property to exceed $950 in value, grand theft person is categorized as grand theft based entirely on the victim's direct physical proximity to the property at the moment of taking.

Legal Definition and Statutory Language

Under California law, statutory legal definitions outline the exact elements and scope of criminal statutes.

“Grand theft is committed in any of the following cases... (c) When the property is taken from the person of another.” — California Penal Code Section 487(c)

What are the Key Statutory Definitions for Grand Theft Person?

Understanding these statutory definitions is critical because each term defines the precise legal threshold prosecutors must meet to elevate a basic theft offense to grand theft.

Taken from the Person: Property is considered taken "from the person" if it is in actual physical contact with the victim's body, held in their hand, contained in clothing they are wearing, or contained in an object directly held or attached to their body (such as a purse, backpack, or smartphone).
Property: Money, goods, personal items, or real property converted to personal use.
Intent to Deprive: The specific mental intent (mens rea) to permanently deprive the owner of the property or to withhold it for an extended period so as to strip the owner of a major portion of its value or enjoyment.

What Must Be Proven to Convict?

To secure a conviction for grand theft person under California Criminal Jury Instructions (CALCRIM No. 1801), a prosecutor must prove each of the following elements beyond a reasonable doubt:

Direct Taking: The defendant took property owned by someone else.
Taken From Physical Possession: The property was taken directly from the victim's body, clothing, or immediate physical hold/attachment.
Lack of Consent: The owner did not consent to the taking.
Specific Intent: When taking the property, the defendant intended to deprive the owner of it permanently or long enough to deprive them of a significant portion of its value or enjoyment.
Asportation (Movement): The defendant moved the property, even if a tiny distance, and kept it for some period, however brief.

What are the Penalties and Sentencing?

California Penal Code 487(c) PC is a wobbler offense, meaning prosecutors can charge it as either a misdemeanor or a felony depending on the defendant's criminal history and the specific circumstances of the offense.

Charge Level	Jail Time + Fine	Formal / Informal Probation
Misdemeanor	Up to 1 year in county jail. Up to $1,000	Informal (summary) probation
Felony	16 months, 2 years, or 3 years in county jail (under PC 1170(h)). Up to $10,000	Formal probation

What are the Common Legal Defense Strategies?

Defense attorneys employ targeted legal strategies to challenge the prosecution's evidence and seek a dismissal, charge reduction, or acquittal:

Property Was Not Taken "From the Person": If the property was resting nearby (e.g., on a table, chair, or counter next to the victim) rather than directly attached to, held by, or worn on their person, the strict legal requirement for grand theft person is not met. This spatial separation can reduce the charge from a grand theft wobbler to simple petty theft (PC 484/488) if the item's value is $950 or less.
Good-Faith Claim of Right or Lack of Intent: Grand theft requires specific criminal intent to permanently deprive another of their property. If the defendant held a genuine, good-faith belief that they owned the property or had a legal right to possess it—even if that belief was mistaken—they lacked the required intent to commit theft.
Consent of the Owner: A taking is only unlawful if performed without permission. If the alleged victim voluntarily allowed or instructed the defendant to take or hold the item, no theft occurred.
Mistaken Identity and Unreliable Identification: PC 487(c) allegations frequently arise in crowded public environments, subways, or busy venues where pickpocketing or snatch-and-grab events occur rapidly. Defense counsel can challenge line-up procedures, witness credibility, lighting conditions, or surveillance gaps to demonstrate a high risk of misidentification.
Insufficient Evidence or Illegal Search: If law enforcement recovered the property through an unlawful search or seizure violating Fourth Amendment protections, defense counsel can file a motion to suppress evidence under PC 1538.5, often severely weakening or destroying the prosecution's case.

Hypothetical Examples

A suspect reaches into a commuter's jacket pocket on a crowded subway train and steals a $50 pair of headphones.
An individual snatches a purse out of a pedestrian's hand while walking past them on a sidewalk and runs off.
A suspect grabs a smartphone directly from a patron's hands while they sit on a park bench texting.

Related California Laws

Understanding related California criminal statutes helps clarify how PC 487(c) differs from other property and violent crime charges.

PC 211 – Robbery: Robbery involves taking property directly from a person or their immediate presence against their will using force or fear, whereas PC 487(c) requires no force or fear.
PC 484 / 488 – Petty Theft: Petty theft involves stealing property valued at $950 or less that was not taken directly from someone's physical body or immediate hold.
PC 487(a) – Grand Theft: Grand theft applies when stolen property value exceeds $950, regardless of whether it was taken directly off a victim's physical person.
PC 666 – Petty Theft with a Prior: Petty theft committed by an individual with prior qualifying theft or violent conviction history, exposing them to felony-level punishments.

Frequently Asked Questions (FAQs)

What is the difference between grand theft person and robbery under California law?

Grand theft person (PC 487(c)) does not involve force or fear, whereas robbery (PC 211) requires that the taking be accomplished through actual physical force or intimidation.

Can grand theft person be charged if the stolen item is worth less than $950?

Yes, under PC 487(c), any property taken directly from a person's body or from items they are holding constitutes grand theft, regardless of whether the dollar value is under $950.

Is grand theft person considered a strike under California's Three Strikes Law?

Standard PC 487(c) grand theft person is not listed as a violent or serious felony, so it is generally not a strike unless charged in connection with other qualifying enhancements or force.

Can a felony PC 487(c) conviction be reduced to a misdemeanor later?

Yes, because PC 487(c) is a wobbler, an individual who successfully completes formal probation for a felony conviction can petition the court to reduce the felony to a misdemeanor under PC 17(b).

Does Proposition 47 apply to grand theft person PC 487(c)?

No, Proposition 47 reduced many non-violent property crimes under $950 to misdemeanors, but the California Supreme Court ruled that grand theft person under PC 487(c) remains a wobbler offense to protect personal physical safety.

For the best opportunity to achieve a favorable outcome, consult an experienced California criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, please call (818) 781-1570 or complete the contact form. Our law firm is based in Los Angeles.

Grand Theft Person