Chapter 6 Robbery, Armed Robbery and Related Offenses (entering Bank with Intent to Steal, Safecracking and Purse Snatching)

• Library: SC Crimes: Elements and Defenses (SCBar) (2021 Ed.)

Chapter 6 Robbery, Armed Robbery and Related Offenses (Entering bank with intent to steal, safecracking and purse snatching)

A. Common law robbery classified as felony; S.C. Code Ann. § 16-11-325

Pursuant to the statute, the common law offense of robbery is a felony. Upon conviction for robbery, "a person must be imprisoned not more than fifteen years."

1. Definition

Common law robbery and "strong arm" robbery are synonymous terms for robbery. Robbery is essentially the commission of larceny with force or intimidation: robbery is defined as "the felonious or unlawful taking of money, goods, or other personal property of any value from the person of another or in his presence by violence or by putting such person in fear." State v. Bland, 457 S.E.2d 611, 612 (S.C. 1995) (citation omitted); see also Abney v. State, 757 S.E.2d 544, 546 (S.C. Ct. App. 2014).

2. Elements

A person commits the crime of robbery by:

a. Using force or intimidation to take away unlawfully,
b. The personal property of another,
c. From the person of another or in his presence
d. With intent to steal.

3. Elements Defined

a. Using force or intimidation to take and carry away the personal property of another

The required use of force or threat of force "must either precede or be contemporaneous with taking of the victim's property." State v. Mitchell, 675 S.E.2d 435, 438 (S.C. 2009).

South Carolina follows the "continuous offense theory," which provides that a robbery has occurred "not only if the perpetrator uses force or intimidation to take possession of the property, but also if force or intimidation is used to retain possession immediately after the taking, or to carry away the property, or to facilitate escape" or to prevent pursuit. Mitchell, 675 S.E.2d at 438 (citation omitted). Under the "continuous offense theory," a "taking" is not complete "until the perpetrator has neutralized any immediate interference with his or her possession." Id. at 438 (internal quotations and citations omitted).

For example, in State v. Mitchell, the court affirmed the robbery conviction even though defendant did not complete the asportation of the stolen goods "until after he employed the threat of force to secure his escape and retain possession of the goods." Id. (internal quotations and citations omitted).

The force may be actual or constructive. Actual force implies physical violence while constructive force includes demonstrations of force such as threatening by words or gestures by which the victim is put in sufficient fear to "suspend the free exercise of his will or prevent resistance to the taking." State v. Rosemond, 560 S.E.2d 636, 640-641 (S.C. Ct. App. 2002) (internal quotations and citation omitted), affirmed as modified, State v. Rosemond, 589 S.E.2d 757, 759 (S.C. 2003).

In determining whether the robbery was committed using intimidation, the factfinder should determine "whether an ordinary, reasonable person in the victim's position would feel a threat to bodily harm from the perpetrator's acts." State v. Rosemond, 589 S.E.2d 757, 759 (S.C. 2003)...