ROBBERY

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ROBBERY

• CHAPTER 11

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ARIZONA ROBBERY

• 13-1902. Robbery classification
• A. A person commits robbery if in the course of
  taking any property of another from his person or
  immediate presence and against his will, such
  person threatens or uses force against any person
  with intent either to coerce surrender of
  property or to prevent resistance to such person
  taking or retaining property.

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ARIZONA ROBBERY

• List the elements of robbery in Arizona.
• Note additional elements required for aggravated
  and armed robbery.

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• 13-1903. Aggravated robbery classification
• A. A person commits aggravated robbery if in the
  course of committing robbery as defined in
  section 13-1902, such person is aided by one or
  more accomplices actually present.

5

• 13-1904. Armed robbery classification
• A. A person commits armed robbery if, in the
  course of committing robbery as defined in
  section 13-1902, such person or an accomplice
• 1. Is armed with a deadly weapon or a simulated
  deadly weapon or
• 2. Uses or threatens to use a deadly weapon or
  dangerous instrument or a simulated deadly weapon.

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ROBBERY ELEMENTS

• The taking
• Personal property of another.
• Intent to permanently deprive.

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ROBBERY ELEMENTS

• Repossession?
• Taking of property in payment of legitimate debt?

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ROBBERY ELEMENTS

• Force or threat
• Must be threat of physical force
• Must be immediate
• Must be in presence

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ROBBERY CASES

• Unless some physical act, including verbal
  threat, was used to coerce surrender of property,
  person can only be found guilty of theft. State
  v. Garza Rodriquez, 164 Ariz. 107 (1990).

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ROBBERY CASES

• Generally, charge of robbery fails where attempt
  is to collect bona fide debt, since, to
  constitute robbery, there must be animus which
  can not exist if person takes property under
  bona fide claim of right. Bauer v. State, 45
  Ariz. 358 (1935).

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ROBBERY CASES

• Defendant robbed stores safe after forcing
  stores assistant manager to unlock it. Crime of
  robbery was established even though actual
  ownership of the money was in store owner. Crime
  was in presence of assistant manager. State v.
  Coursey, 71 Ariz. 227 (1950).

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ROBBERY CASES

• Weapon either actual or simulated must actually
  be present and used in a threatening manner to
  satisfy threatens to use element of armed
  robbery. Mere verbal threat to use deadly weapon
  cannot constitute armed robbery. State v. Garza
  Rodriquez, 164 Ariz. 107 (1990).

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ROBBERY CASES

• Weapon need not be displayed. As long as weapon
  is within immediate control of accused and is
  available for use. State v. Stanley, 123 Ariz.
  95 (App. Div. 1, 1979).

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Discussion Questions

• In groups of two do the discussion questions
  text p. 200-201.