The personal property that is taken must have some value, but the amount of its value is immaterial. 34 So it is a so-called “strike offense” under California’s “three strikes” law. ROBBERY, crimes. Free resources to assist you with your legal studies! Constructive force will support a robbery charge. Substantive Criminal Law. Registered Data Controller No: Z1821391. The offender's intent must be determined from his or her words and actions. Many criminologists have long regarded statistics on robbery to be one of the most accurate gauges of the overall crime rate. Our editors will review what you’ve submitted and determine whether to revise the article. Bl. The most common aggravating factors are that the robber was armed with a deadly weapon or represented that he or she had a gun, that the robber actually inflicted serious bodily injury, or that the robber had an accomplice.
As an example, if a robber uses force to immobilize a property owner at one place while an Accomplice takes the owner's property from a place several miles away, the distance between the owner and the owner's property is such that the owner could not have prevented the taking even if he had been free to try to interfere. Hence that crime would be larceny.
According to statistics from the Federal Bureau of Investigation (FBI), 422,921 incidents of robbery occurred in 2001. 22, Sec. §§ 2112, 2114) punish robbery when the property taken is from the U.S. mail or is property belonging to the federal government. must be by violence or putting the owner in fear, but both these
A lively and informative new podcast for kids that the whole family will enjoy. Prin. Encyclopaedia Britannica's editors oversee subject areas in which they have extensive knowledge, whether from years of experience gained by working on that content or via study for an advanced degree.... Be on the lookout for your Britannica newsletter to get trusted stories delivered right to your inbox. The taking of money or goods in the possession of another, from his or her person or immediate presence, by force or intimidation. Available online at
The robber does not have to transport the property away from the physical presence of the person who has lawful possession of it or even escape with it. This offence differs from a larceny from the person in this, that in
The penalty for robbery is always more severe than for larceny. Constructive force includes demonstrations of force, menace, and other means that prevent a victim from exercising free will or resisting the taking of property. The felonious and forcible taking from the person of
The particular degree of force becomes important only when considered in connection with the grade of the offense or the punishment to be imposed. There is sufficient proximity even though the victim cannot see through the walls into the room where the valuables are stored. 2) a term improperly used to describe thefts, including burglary (breaking and entering) and shoplifting (secret theft from the stock of a store), expressed: "We've been robbed." This element is the essence and distinguishing characteristic of the offense. There are three important federal robbery statutes.
Robbery in the second degree is a class C felony. § 2113) punishes robbery of property in the custody or possession of any national bank or of any bank that is insured by the federal government. For example, when a thief snatches a purse from the owner's grasp so suddenly that the owner cannot offer any resistance to the taking, the force involved is not sufficient to constitute robbery. In R v Hale (1978) Cr App R 415, D and E entered V’s house and while D was upstairs stealing a jewellry box, E was downstairs tying up V. The Court of Appeal refused to quash their convictions for robbery though the appropriation of the jewellery box might have been completed before the force was used. U.S. laws concerning robbery date back to English common law. "Crime in the United States." Robbery requires a taking of property from the person or presence of the victim, which means that the taking must be from the victim's possession, whether actual or constructive. ; Putting the victim in fear of bodily injury is sufficient. 4 Binn. Section 8 of the Theft Act 1968 provides: “(1) A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. Pen. Most robbery statutes distinguish between simple robbery and aggravated robbery.
circumstances need not concur, for if a man should be knocked down and then
The taking must be accomplished either by force or by intimidation.
A robbery must also include a taking or asportation, a carrying away by which the goods are taken from the victim's possession and transferred to the possession of the robber. 102. Property is on the victim's person if it is in his hand, in the pocket of the clothing he wears, or otherwise attached to his body or clothing.
The general elements of robbery are the taking of Personal Property or money from the person or presence of another, the use of actual or constructive force, the lack of consent on the part of the victim, and the intent to steal on the part of the offender. But if the victim catches the pickpocket in the act and struggles unsuccessfully to keep possession, the pickpocket's crime becomes robbery. Force and intimidation are alternate requirements, and either is sufficient without the other. Many criminologists have long regarded statistics on robbery to be one of the most accurate gauges of the overall crime Domino; Larceny; Taking. Violence or intimidation after the taking is not robbery. https://legal-dictionary.thefreedictionary.com/robbery, The gang had also shot dead a shop owner for resisting, Another witness, Inspector Hitila Hassan attached to the Intelligence unit of the IGP, who said that he was one of the officers that investigated the, Police presence on Allerton Road after an alleged attempted bank, In a statement yesterday, Greater Manchester Police said: "Five men have been charged with conspiring to commit, Mabaso, 18, of Avondale Rise, Byker, Newcastle, pleaded guilty to, Sean David Kinsey, 31, of Marlas Road, Pyle, has previously been charged with the Glynneath, A .38 Smith and Wesson revolver seen by witnesses during the, An hour later and 5 miles away, on the 3300 block of south Route 59, police received a report of another armed, Police recovered an axe and knife and arrested and charged three people over the, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, 18 yr. Old brother accused of child molestation, Robbers gang involved in Killing of CIA constable busted, Offa Robbery: Prosecution Witnesses Tender Exhibits, Man charged in connection with attempted robberies at six banks and a bookies; Police were called to seven incidents in Liverpool, Prescot and Huyton within the last month, Police charge 5 men after armed raids at city banks; those charged have been remanded in custody and are due to appear at court later today, Afghan town Nazim headed robber group active in Karachi, Men who robbed taxi drivers set to be jailed, Man on two bank robbery charges; NEWS IN BRIEF, Police: Giant Kota Damansara jewel heists were inside job, Naperville police investigate separate armed robberies, Dubai Police build a strong case for safer money transport. By signing up for this email, you are agreeing to news, offers, and information from Encyclopaedia Britannica. What is robbery? The intent to steal must be present at the time the property is taken, but premeditation is not part of the criminal intent necessary for the commission of robbery. A robber may also render the victim helpless by more subtle means. 2003. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. The same is true of pick-pocketing. The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law. Robbery is a crime of theft and can be classified as Larceny by force or by threat of force. The crime is complete when the robber acquires possession of the property, even for a short time. It must amount to actual personal violence. n. 1) the direct taking of property (including money) from a person (victim) through force, threat or intimidation. Please verify the status of the code you are researching with the state legislature or … 3. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ.
The crime of robbery can be committed even if the property taken is of slight value. 2. Two provisions (18 U.S.C.A. *You can also browse our support articles here >. R.
If a struggle for the purse ensues before the thief can gain possession of it, however, there is enough force to make the taking robbery. 2d ed. necessary there should be any greater violence. A person who forcibly takes property by mistake or merely as a joke, without an intent to deprive the owner of the property permanently, is not guilty of robbery. The accused must intentionally cause the fear and induce a reasonable apprehension of danger, but not necessarily a great terror, panic, or hysteria in the victim.
(See: theft). The FBI estimated that between 1992 and 2001, the number of robberies in the United States dropped by 37.1 percent. Neither deliberation nor premeditation is necessary, nor is an express demand for the property.
§ 1951) punishes the obstruction of interstate commerce by robbery. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. The property taken must be close enough to the victim and sufficiently under his control that had the robber not used violence or intimidation, the victim could have prevented the taking. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, ... FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 1 Hale, P. C. 533; 2 Russ. The fear must be strong enough to overcome the victim's resistance and cause the victim to part with the property. another, goods or money to any value, by violence or putting him in fear. The person from whom the property was taken must have exerted control over it. robbed while be is insensible, the offence is still a robbery. incomplete without an actual or constructive force. Intimidation means putting in fear. Force or intimidation employed after the taking and merely as a means of escape is not a sufficient basis for a robbery charge. The robber must have a Specific Intent to rob the owner of the property. The Hobbs Act (18 U.S.C.A. 4
For example, a robber takes property from the victim's presence if the robber locks the victim in one room and then takes the valuable from another room. The victim who is not fearful of harm from the robber so long as she does what the robber says, but who expects harm if she refuses, is nevertheless "put in fear" for the purposes of robbery. While each state has its own specifics regarding the crime and its penalties, the actual definition is basically the same. It may be made to a member of the owner's family, other relatives, or even someone in the owner's company.The force or intimidation must either precede or be contemporaneous with the taking to constitute a robbery. Id. According to the 2001 statistics, robbery accounted for 29.4 percent of violent crimes in the United States, costing victims a total of $532 million.
Once the robber takes possession of the property, the offense is complete, even if the robber later abandons the property. The property does not have to be taken from the owner or holder of legal title. Common Law Robbery. Actual monetary value is not essential as long as it appears that the property had some value to the person robbed. And if the party be put in fear by threats and then robbed, it is not
Robbery on Westlaw. If the victim is unaware of the taking, no robbery has occurred and the crime is larceny. Taking by force without intimidation is robbery. The taking
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