• If you kill for purpose of theft, that's robbery.
    • Murky: kill them, then decide to take property.

Common-Law Elements:
  • 1. Larceny (regular larceny)
  • 2. (a) taking by force or fear possibility of immediate force, AND (b) from victim or from immediate presence and control of victim
MPC Elements (221.1):
  • 1. Theft
  • 2. (a) serious bodily injury, OR (b) threatens/puts in fear of SBI, (c) commits/threatens felony of 1st or 2nd degree
  • What about intent for larceny? Courts tend to merge that, especially today.
  • Armed Robbery: Diamon, p. 535, can be armed robbery even if you don’t display dangerous weapon
    • But some "weapons" must be used (umbrellas, etc.) to count.
  • Claim-of-right defense?
    • Not for robbery says court in NJ if one is taking property that is yours.
    • Debt collection can be guilty of robbery if it is someone else's.
      • But if taking back specific item then it's your specific property and it isn't robbery.
    • But traditionally can have a claim of right.
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