Criminal Law chapter 14
-robbery=forcible stealing (more serious than burglary bc it is crime against person); guilty if
1. Inflicts serious bodily harm
2. Threatens another with or purposely puts him in fear of immediate serious bodily injury
3. Commits or threatens immediately to commit any felony of the first or second degree
→ the usual elements of robbery include: A taking and carrying away of property of
another (even slight movement), Intent to steal, From person or in presence of
person (victim relinquishes property b/c of threats or fear), by use of force or threat
of use of imminent force
-simple robbery (aka strong-arm robbery or mugging) is different than aggravated robbery aka
armed robbery: perpetrator armed with dangerous or deadly weapon, intended to use weapon
to kill or wound resistant victim, and did inflict a bodily injury
→ issue arises when robber 1. Brandishes a toy or stimulated weapon or 2. States
that he has a weapon but does not show or have weapon
- objective test requires that defendant actually possess a weapon (minority view)
- Subjective test only requires proof that defendant appeared to have deadly weapon
(through eyes of the victim)
- McLaughlin v United States: unloaded gun satisfies “dangerous weapon” requirement
-carjacking= forcibly taking possession of a motor vehicle of possession of another either
permanently or temporarily
-home invasion robbery= robbery of persons inhabiting a dwelling (while they are there)
-sudden snatching= form of robbery where force is not used beyond that needed to take
property from another person
→ simple snatching is not enough force for robbery, is when a struggle ensues: State
v Stein
-extortion= obtaining property by threatened force, fear, or violence
→ Hobbs Act defines extortion as “obtaining property of another, with his consent, induced by
wrongful use of actual or threatened force, violence or fear”
-State v Pauling: extortion of his girlfriend that he would post her nudes if she didn’t repay debt
-bribery= give someone a favor of gift to do something they don’t have the legal right to do
-burglary= unlawful entry; a form of trespass
* intent to steal is not always presumed
→ under common law burglary required: it to be a dwelling place (house), at night, a
“breaking”, and intent to commit a felony (under modern law, only requires an
unlawful entry
-robbery=forcible stealing (more serious than burglary bc it is crime against person); guilty if
1. Inflicts serious bodily harm
2. Threatens another with or purposely puts him in fear of immediate serious bodily injury
3. Commits or threatens immediately to commit any felony of the first or second degree
→ the usual elements of robbery include: A taking and carrying away of property of
another (even slight movement), Intent to steal, From person or in presence of
person (victim relinquishes property b/c of threats or fear), by use of force or threat
of use of imminent force
-simple robbery (aka strong-arm robbery or mugging) is different than aggravated robbery aka
armed robbery: perpetrator armed with dangerous or deadly weapon, intended to use weapon
to kill or wound resistant victim, and did inflict a bodily injury
→ issue arises when robber 1. Brandishes a toy or stimulated weapon or 2. States
that he has a weapon but does not show or have weapon
- objective test requires that defendant actually possess a weapon (minority view)
- Subjective test only requires proof that defendant appeared to have deadly weapon
(through eyes of the victim)
- McLaughlin v United States: unloaded gun satisfies “dangerous weapon” requirement
-carjacking= forcibly taking possession of a motor vehicle of possession of another either
permanently or temporarily
-home invasion robbery= robbery of persons inhabiting a dwelling (while they are there)
-sudden snatching= form of robbery where force is not used beyond that needed to take
property from another person
→ simple snatching is not enough force for robbery, is when a struggle ensues: State
v Stein
-extortion= obtaining property by threatened force, fear, or violence
→ Hobbs Act defines extortion as “obtaining property of another, with his consent, induced by
wrongful use of actual or threatened force, violence or fear”
-State v Pauling: extortion of his girlfriend that he would post her nudes if she didn’t repay debt
-bribery= give someone a favor of gift to do something they don’t have the legal right to do
-burglary= unlawful entry; a form of trespass
* intent to steal is not always presumed
→ under common law burglary required: it to be a dwelling place (house), at night, a
“breaking”, and intent to commit a felony (under modern law, only requires an
unlawful entry
