Robbery Professor Tricia Zunker, Esq. PBS 400 Fundamentals of Law
Common Law Robbery At common law, robbery consists of the following elements: A taking Of personal property of another From the other’s person or presence By force or threats of immediate death or physical injury With the intent to permanent deprive him of it.
Taking This means obtaining control of the property.
Personal Property of Another This is tangible, physical property. It is not intangibles, services or realty.
From the Other’s Person orPresence This includes anywhere in the vicinity of the victim.
By Force or Threat of ImmediateDeath or Physical Injury This force or threat could be to the victim, to a member of the victim’s family or to someone in the victim’s presence. This element is the key distinguishing characteristic between larceny and robbery. Taking by intimidation (threats) without force is sufficient for robbery. Force and intimidation (threats of force) are alternate requirements- only one must be proven.
With Intent To PermanentlyDeprive At common law, this element requires the defendant intended to permanently deprive the owner (victim) of the property. Modernly, this element has been modified by jurisdiction, eliminating the intent to permanently deprive. It is enough that the defendant intended to steal the property.
Aggravated Robbery This can also vary by jurisdiction, but typically this is robbery with a deadly weapon.
Colorado Robbery Statute Robbery (18-4-301) A person who knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation commits robbery. Robbery is a class 4 felony.
Colorado Aggravated RobberyStatute Aggravated Robbery (18-4-302) A person who commits robbery is guilty of aggravated robbery if during the act of robbery or immediate flight therefrom: (a) He is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person; or (b) He knowingly wounds or strikes the person robbed or any other person with a deadly weapon or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person robbed or any other person in reasonable fear of death or bodily injury; or (c) He has present a confederate, aiding or abetting the perpetration of the robbery, armed with a deadly weapon, with the intent, either on the part of the defendant or confederate, if resistance is offered, to kill, maim, or wound the person robbed or any other person, or by the use of force, threats, or intimidation puts the person robbed or any other person in reasonable fear of death or bodily injury; or (d) He possesses any article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed.
Discussion Robbery takes theft to a higher level. It involves an offender taking property from a victim’s presence and against the victim’s will by force, threat of force or intimidation. The focus of this crime is the manner in which the property is taken – by force or intimidation – rather than without force (theft) or by deceit (fraud). At times, the law allows people to use common sense when making certain determinations. Defining “force” or determining whether a victim was intimidated require most courts use the totality of the circumstances test to evaluate. The totality of the circumstances test is as straightforward as it sounds: all facts and circumstances are used to determine if it is reasonable for the taking to have occurred with the use or threat of use of force. Comment. Support your answer with outside sources as appropriate. Make sure to comment on at least two other colleagues posts.
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