It is the criminal act element that primarily distinguishes robbery from larceny and extortion. The criminal act element required for robbery is a taking of personal property by force or threat of force. 1 Force is generally physical force. The force can be slight, but it must be more than what is required to gain control over and move the property. 2 Many jurisdictions require force during the taking, which includes the use of force to prevent the victim from reclaiming the property, or during escape. 3 The Model Penal Code requires force or threat “in the course of committing a theft” and defines this as occurring in “an attempt to commit theft or in flight after the attempt or commission” (Model Penal Code § 222.1(1)). Threat for robbery is a threat to inflict imminent force. 4
While larceny and extortion also require a taking, the defendant typically accomplishes the larceny taking by stealth, or a false representation of fact. In extortion, the defendant accomplishes the taking by a threat of future harm that may or may not involve force.
- 瀏覽次數：1715
