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Robbery Attendant Circumstances

9 October, 2015 - 10:49

Another difference between robbery and larceny or extortion is the attendant circumstances requirement(s). Robbery requires the same attendant circumstance required for both larceny and extortion—that the property taken belongs to another. It also has the same attendant circumstance as larceny—that the defendant accomplish the taking against the victim’s will and without consent. However, robbery has one additional attendant circumstance, which is that the property be taken from the victim’s person or presence1 The property does not need to be in the actual physical possession of the victim, as long as it is under the victim’s control2 Thus if the victim could have prevented the taking if not for the force, violence, or threat posed by the defendant, this attendant circumstance is present.  3