What are the elements of the crime of theft of real property?
California, United States of America
The following excerpt is from People v. Sanders, 67 Cal.App.4th 1403, 79 Cal.Rptr.2d 806 (Cal. App. 1998):
The text of this instruction does not correctly state the elements of the crime of theft of real property, which are set out and discussed, supra. Merely to state that the accused "gain[ed] title to the property for some period of time" misstates an essential element of this offense, viz., the obligation to establish material reliance upon a false representation. (People v. Ashley, supra, 42 Cal.2d at p. 259, 267 P.2d 271.)
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