Robbery

• Author: Jeffrey Lehman, Shirelle Phelps

Page 367

The taking of money or goods in the possession of another, from his or her person or immediate presence, by force or intimidation.

Robbery is a crime of theft and can be classified as LARCENY by force or by threat of force. The elements of the crime of robbery include the use of force or intimidation and all the elements of the crime of larceny. The penalty for robbery is always more severe than for larceny.

According to statistics from the FEDERAL BUREAU OF INVESTIGATION (FBI), 422,921 incidents of robbery occurred in 2001. This number was significantly lower than a decade earlier. The FBI estimated that between 1992 and 2001, the number of robberies in the United States dropped by 37.1 percent. 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. The average loss per victim during that year was $1258.

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. Neither deliberation nor premeditation is necessary, nor is an express demand for the property.

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. 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 phrase "from the presence" or "in the presence" has been construed to mean proximity or control rather than within eyesight of the victim. 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. There is sufficient proximity even though the victim cannot see through the walls into the room where the valuables are stored.

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. 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...