Aggravated Property Crimes (Robbery: Theft by Force (Common Law (Elements:…
Aggravated Property Crimes
: Theft by Force
: Defendant is guilty of robbery when, in the course of committing the theft, they (a) inflict serious bodily injury upon another, or (b) threaten another with or purposefully put him in fear of immediate serious bodily injury or (c) commits or threatens immediately to commit any felony in the first or second degree.
: (1) wrongful/trespassory (2) taking (3) carrying away (4) personal property (5) of another (6) with intent to deprive permanently (7) accomplished by force or the person from the immediate presence and control the victim (8) the taking must be from the person or from the immediate presence and control of the victim.
Claim of Right
: Claim of right is a defense to robbery if the defendant honestly believed that he was recovering his own property (
State v. Mejia
; dude tries to get his money back).
: Threats (future harms)
: (1) Purposefully obtains (2) property of another (3) by threatening to do one of the following (4) inflict an injury, commit a crime, accuse the victim of a crime, expose a secret that would harm victim, cause a strike or boycott, testify or withhold testimony with respect to another person's legal claim or defense; inflict any harm which would not benefit the actor.
: (1) Use of threat (2) to attempt to obtain (3) property of some action from another person.
: Extortion is obtaining property by threat with intent to extort.
: You can't use threats to wrongfully obtain property of another.
Claim of Right
: Is not a defense to extortion.
: Both parties are willing participants to an extortion.
: (1) Unauthorized entering (2) of the building or structure (3) with the intent to commit any crime.
: (1) Giving and receiving (2) something of value (3) in exchange for (4) an official act (5) with corrupt intent.
: Not everything a public official does is bribery, or else everyone would be convicted (
MCDonnel v. US
: Breaking and Entering.
: (1) Breaking (2) and entering (3) the dwelling (4) of another (5) at night (6) with intent to commit a felony therein.
Place Must be Inhabited
: In order to burglarize it has to be inhabited by a living person. A place is not inhabited if the person is dead (
People v. Gauze
: Easily fulfilled. At least some force need be exerted. Using a remote control to open door is probably not enough. You have to go in in order to constitute burglary.
: A nighttime burglary is seen as worse than a daytime one. However modern day