What is Robbery?
Robbery is the taking and carrying away of the personal property of another through force, violence, or intimidation. In other words, robbery is larceny plus force, violence, or intimidation.
Example: I walk into my boss’s office, pull out of a knife, and say, “Hand over your Ravishing Rick Rude wrestling figure or else.” My boss, fearful of being harmed, promptly hands over the wrestling figure to me. I used the threat of violence to take my boss’s property, and therefore I am guilty of robbery.
2 Issues to watch out for on the MBE
The definition and example described above seem relatively straightforward, but there a couple of issues to watch out for on MBE questions about robbery:
Issue 1) The intimidation or force has to be the reason the perpetrator is able to take the property. In other words, the victim has to be aware of the intimidation or force and take it seriously.
Example 1: I approach The Rock on his latest movie set and tell him, “hand over your iphone or I’ll beat you up.” I’m 5’6″ and not at all intimidating (I know that’s a huge surprise for someone who likes to write about the bar exam). The Rock, being 6’5″ and massively muscular, does not take my threat seriously at all and thinks I’m joking. As he’s laughing at me I quickly grab his iphone out of his hand and run away. Am I guilty of robbery? NO. The Rock did not take my attempt to intimidate or threaten him seriously at all, and it was not the reason I was able to take his personal property. However I am still guilty of larceny because I did take his iphone with the intent to steal it.
Example 2: I enter the Rock’s movie trailer intending to rob him of his iphone at knifepoint. I open the door to the trailer and pull out the knife. As I approach him I realize that he’s sound asleep in his chair, so I grab his iphone and exit the trailer. Am I guilty of robbery? NO. The Rock was never aware of my threat of violence, and it was not the reason I was able to take his personal property. Once again though I would still be guilty of larceny because I took his iphone with the intent to steal it.
Issue 2) The perpetrator does not necessarily have to use intimidation or force to take another person’s property to be guilty of robbery. If the perpetrator uses intimidation or force to retain the property immediately after taking it, he will also be guilty of robbery.
Example: I am at a pro wrestling convention and I see an action figure on a table at one of the booths. When I think nobody is looking I discretely take the action figure and put it in my pocket. However the owner of the action figure notices and as I turn to walk away he attempts to block my path. I violently shove him to the ground and then run out the front door. Am I guilty of robbery? YES. I did not use intimidation or force to take possession of the pro wrestling action figure, but I used force to retain possession of it immediately afterwards.
Note: The crimes of larceny and robbery merge, so you cannot be guilty of both. In the above example I would just be guilty of robbery, not robbery and larceny.
Understand
- Robbery is the taking and carrying away of the personal property of another through force, violence, or intimidation.
- The intimidation or force has to be the reason the perpetrator is able to take the property (if it isn’t the reason but the perpetrator still takes the property another way, he will be guilty of larceny, but not robbery).
- If the perpetrator uses intimidation or force to retain the property immediately after taking it, he will be guilty of robbery.
- The crimes of larceny and robbery merge, so you cannot be guilty of both.