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Robbery

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For other uses, see Robbery (disambiguation).
Several terms redirect here. For other uses, see Robber (disambiguation), Holdup (disambiguation), and Stick up (disambiguation).
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Robbery (from Old French rober ("to steal, ransack, etc."), from Proto-West Germanic *rauba ("booty"))[1] is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault.[2] Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words (e.g., deraubare) of Germanic origin, from Common Germanic raub "theft".

Among the types of robbery are armed robbery, which involves the use of a weapon, and aggravated robbery, when someone brings with them a deadly weapon or something that appears to be a deadly weapon. Highway robbery or mugging takes place outside or in a public place such as a sidewalk, street, or parking lot. Carjacking is the act of stealing a car from a victim by force. Extortion is the threat to do something illegal, or the offer to not do something illegal, in the event that goods are not given, primarily using words instead of actions.

Criminal slang for robbery includes "blagging" (armed robbery, usually of a bank) or "stick-up" (derived from the verbal command to robbery targets to raise their hands in the air), and "steaming" (organized robbery on underground train systems).

Canada

In Canada, the Criminal Code makes robbery an indictable offence, subject to a maximum penalty of life imprisonment. If the accused uses a restricted or prohibited firearm to commit robbery, there is a mandatory minimum sentence of five years for the first offence, and seven years for subsequent offences.[3]

Republic of Ireland

Robbery is a statutory offence in the Republic of Ireland. It is created by section 14(1) of the Criminal Justice (Theft and Fraud Offences) Act 2001, which provides:

A person is guilty of robbery if he or she steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.[4]

United Kingdom

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Northern Ireland

Robbery is a statutory offence in Northern Ireland. It is created by section 8 of the Theft Act (Northern Ireland) 1969.

United States

Main article: Robbery laws in the United States

In the United States, robbery is generally treated as an aggravated form of common law larceny. Specific elements and definitions differ from state to state. The common elements of robbery are: a trespassory taking and carrying away of the personal property of another with the intent to steal from the person or presence of the victim by force or threat of force.[5]

The first six elements are the same as common law larceny. It is the last two elements that aggravate the crime to common law robbery.

from the person or presence of the victim – robbery requires that the property be taken directly from the person of the victim or from their presence. This is different from larceny which simply requires that property be taken from the victim's possession, actual or constructive. Property is "on the victim's person" if the victim is actually holding the property, or the property is contained within clothing the victim is wearing or is attached to a victim's body such as a watch or earrings.[6] Property is in a person's presence when it is within the area of their immediate control. The property has to be close enough to the victim's person that the victim could have prevented its taking if he/she had not been placed in fear or intimidation.[6]

by force or threat of force – the use of force or threat of force is the defining element of robbery. For there to be robbery there must be "force or fear" in perpetrating the theft.[7] Questions concerning the degree of force necessary for robbery have been the subject of much litigation. Merely snatching the property from the victim's person is not sufficient force unless the victim resists or one of the items is attached or carried in such a way that a significant amount of force must be used to free the item from the victim's person.[citation needed]

For robbery the victim must be placed in "fear" of immediate harm by threat or intimidation. The threat need not be directed at the victim personally. Threats to third parties are sufficient. The threat must be one of present rather than future personal harm. Fear does not mean "fright",[6] it means apprehension – an awareness of the danger of immediate bodily harm.

California

The maximum sentence for robbery in California is 9 years, according to Penal Code section 213(a)(1)(A).[8]

The threat or use of force does not have to take place immediately before or at the time of the theft.[9] Force used after the theft will turn the theft into a robbery unless the theft is complete. The theft is considered completed when the perpetrator reaches a place of temporary safety with the property.[10]

Robbery statistics

Robberies by country

The United Nations Office on Drugs and Crime notes "that when using the figures, any cross-national comparisons should be conducted with caution because of the differences that exist between the legal definitions of offences in countries, or the different methods of offence counting and recording". Also not every single crime is reported, meaning two things; (1) robbery rates are going to appear lower than they actually are and; (2) the percentage of crime that is not reported is going to be higher in some countries then others, for example – in one country 86% of the robberies were reported, whereas in another country only 67% of the robberies were reported. The last thing to note is that crime will vary by certain neighborhoods or areas in each country, so, just because a nationwide rate is a specified rate, does not mean that everywhere in that country retains the same amount of danger or safety. A 1983 study by the Department of Justice estimated that the amount of robberies in the US at schools alone may reach one million a year, exceeding the National Crime Survey reported estimate.[11][12]

Table 1: Robberies by country[13]
Country Robberies Rate (per 100,000 inhabitants) Year
Belgium 191,126 1,728.1 2012
Spain 502,546 1,074.9 2012
Mexico 746,894 618.0 2012
Costa Rica 25,066 521.6 2012
Brazil 979,571 493.1 2012
Nicaragua 28,429 488.3 2010
Chile 81,664 467.6 2012
Uruguay 15,414 454.0 2012
Ecuador 52,655 375.5 2006
Trinidad and Tobago 4,436 331.7 2012
Eswatini 3,392 309.8 2004
Panama* 10,038 264.0 2012
Honduras 17,980 226.6 2012
Paraguay 15,006 224.4 2012
Barbados 555 196.0 2012
France* 123,814 193.7 2012
Maldives 597 190.2 2008
Guyana 1,401 176.1 2012
Portugal 18,514 174.6 2012
Colombia 82,620 173.2 2012
Peru 48,785 168.6 2009
Saint Kitts and Nevis 87 162.4 2010
Saint Vincent and the Grenadines 170 155.5 2011
Belize 447 141.3 2011
Bolivia 14,411 137.3 2012
Kazakhstan 20,259 124.5 2012
Botswana 2,461 123.9 2011
Bermuda 77 122.2 2004
United Kingdom (England and Wales) 65,156 116.2 2012
United States 354,520 111.7 2012
Italy 62,641 102.9 2012
Bahamas 369 100.7 2011
Jamaica 2,771 100.1 2012
Sweden 9,213 96.9 2012
Russian Federation 127,772 89.1 2011
Netherlands* 14,750 88.2 2012
El Salvador 5,521 87.7 2012
Grenada 89 84.4 2012
Morocco 25,935 82.9 2009
Malaysia 21,419 81.4 2006
Canada 27,680 79.5 2012
Luxembourg 398 77.1 2011
Israel 6,076 76.0 2012
Zimbabwe 8,796 68.8 2008
Guatemala 9,539 68.2 2009
Mauritius 814 65.9 2011
Lesotho 1,270 63.8 2009
Lithuania 1,923 63.5 2012
Ireland 2,818 61.6 2012
Malta* 257 60.1 2012
Belarus 5,722 60.1 2009
Germany 48,711 58.8 2012
United Kingdom (Northern Ireland) 1,040 57.4 2012
Greece 5,992 53.9 2012
Denmark 2,987 53.4 2012
Ukraine 23,300 50.6 2010
Austria 4,092 48.3 2012
New Zealand 2,086 46.8 2012
Latvia 943 45.8 2012
Kyrgyzstan 2,434 45.0 2011
Burundi 4,266 44.7 2011
Poland 16,685 43.7 2012
Bulgaria 2,955 40.6 2012
Sri Lanka 7,943 40.2 2004
Serbia 3,791 39.7 2012
Croatia 1,588 36.9 2012
Switzerland 2,746 36.4 2011
Estonia 457 35.4 2012
United Kingdom (Scotland) 1,832 34.6 2012
Czech Republic 3,416 32.0 2012
Hungary 3,036 30.4 2012
Finland 1,616 29.9 2012
Norway* 1,484 29.7 2012
Philippines* 26,988 27.9 2012
Algeria* 10,709 27.8 2012
Bahrain 306 27.4 2008
Bosnia and Herzegovina 1,010 26.3 2012
Kuwait 657 23.1 2009
Mozambique 5,267 22.5 2009
North Macedonia 469 22.3 2012
Dominican Republic 2,091 20.3 2012
Mongolia 536 19.5 2011
Senegal 2,503 19.3 2010
Slovenia 391 18.9 2012
Slovakia 974 17.9 2012
Uganda 5,985 17.6 2010
Australia 3,839 16.9 2011
Iceland 50 15.3 2012
Cyprus 173 15.3 2012
Jordan 802 14.8 2006
Romania 3,193 14.7 2012
Georgia 638 14.5 2010
Liechtenstein 5 13.6 2012
Turkey 7,695 10.9 2008
Armenia 310 10.4 2012
Solomon Islands 52 10.3 2008
Albania 326 10.3 2012
Oman 255 9.8 2008
Hong Kong 616 8.6 2012
Andorra 6 7.7 2012
Kenya 3,262 7.6 2012
Singapore 290 5.5 2012
South Korea 2,586 5.3 2012
Indonesia 12,355 5.0 2012
Moldova 167 4.8 2012
Syria 870 4.3 2008
Tajikistan 288 3.7 2011
Lebanon 146 3.6 2006
Egypt 2,673 3.4 2011
Sierra Leone 184 3.3 2008
Côte d'Ivoire 591 3.2 2008
Turkmenistan 141 2.9 2006
Qatar 21 2.9 2004
Japan 3,658 2.9 2012
Azerbaijan 252 2.7 2012
Yemen 442 2.0 2009
India 23,393 1.9 2010
Nigeria 2,988 1.8 2012
Guinea 151 1.5 2007
Montenegro 7 1.1 2012
Thailand 500 0.8 2010
Bangladesh 856 0.6 2006
Nepal 148 0.6 2006
São Tomé and Príncipe 1 0.5 2011
Brunei Darussalam 2 0.5 2006
United Arab Emirates 45 0.5 2012
Rwanda 27 0.2 2012
Table 2: Homicides during a robbery, by country[14]
Country % Of Homicides w/ Robbery Motive Robbery Homicide Rate (per 100,000 inhabitants) Robbery Homicides Year of Data
Bahamas 11.0% 3.82 14 2011
Dominican Republic 27.6% 6.10 626 2012
Grenada 7.1% 0.94 1 2012
Jamaica 36.5% 15.00 414 2011
Trinidad and Tobago 14.8% 3.91 52 2011
Costa Rica 16.2% 1.38 66 2012
El Salvador 0.9% 0.37 23 2012
Panama 8.9% 1.53 58 2012
Canada 7.9% 0.12 42 2011
United States 5.0% 0.24 733 2011
Colombia 3.6% 1.21 569 2011
Guyana 16.9% 2.77 22 2011
Uruguay 15.6% 0.92 31 2011
Japan 8.4% 0.03 37 2011
Mongolia 0.0% 0.00 0 2011
South Korea 8.0% 0.07 34 2011
Singapore 6.3% 0.02 1 2011
Armenia 5.6% 0.10 3 2012
Azerbaijan 2.1% 0.04 4 2010
Cyprus 22.2% 0.18 2 2011
Georgia 0.5% 0.02 1 2010
Bulgaria 5.0% 0.10 7 2012
Czech Republic 4.7% 0.04 4 2011
Finland 1.8% 0.04 2 2011
Iceland 0.0% 0.00 0 2012
Albania 2.1% 0.09 3 2011
Bosnia and Herzegovina 0.0% 0.00 0 2011
Croatia 0.0% 0.00 0 2012
Italy 5.1% 0.05 28 2011
Montenegro 4.8% 0.16 1 2011
Spain 3.0% 0.02 11 2012
Macedonia 3.3% 0.05 1 2011
Austria 4.2% 0.03 3 2011
Germany 9.4% 0.08 62 2011
Luxembourg 25.0% 0.20 1 2011
Switzerland 2.2% 0.01 1 2011
Australia 3.0% 0.04 8 2009

Robberies have been depicted, sometimes graphically, in various forms of media, and several robbers have become pop icons, such as Bonnie and Clyde and John Dillinger. Examples of media works focused on robberies include:

In film

In literature

  • Luciano Lutring (30 December 1937 – 13 May 2013), known as "the submachine gun soloist" because he kept the weapon in a violin case, used that moniker as the title of his memoir Il solista del mitra. He was an Italian criminal, author, and painter who, when committing robberies, worked alone (which is rather rare for a robber).[16]
  • Lionel White's Bloodhound mysteries novel, No.116, Clean Break (1955)[17] was the basis for Stanley Kubrick's film The Killing (1956).[18]

In video games

Video games Payday: The Heist, Payday 2 and Payday 3 are games by Overkill Software where one of the main objectives is to steal items of monetary value at places such as banks, art galleries, armored trucks, and more.[19]

See also

References

  1. ^ "rob (v.)". Online Etymology Dictionary. Retrieved 2024-05-16.
  2. ^ "Carter, Floyd J. vs U.S." June 12, 2000. Archived from the original on September 3, 2006. Retrieved 2008-05-04.
  3. ^ Criminal Code, RSC 1985, c C-46, ss 343, 344. Archived 2015-10-07 at the Wayback Machine
  4. ^ Digitised copy Archived 2015-06-15 at the Wayback Machine of section 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001. From the Office of the Attorney General.
  5. ^ Lafave, Criminal Law 3rd ed. (West 2000) Sec. 8.11
  6. ^ a b c Lafave, Criminal Law 3rd ed. (West 2000) Sec 8.11
  7. ^ Lafave, Criminal Law 3rd ed. (West 2000) Sec 8.11;Boyce & Perkins, Criminal Law, 3rd ed. (1992)
  8. ^ "CALIFORNIA PENAL CODE SECTION 211-215". Archived from the original on 2012-10-23. Retrieved 2012-09-21.
  9. ^ People v. Gomez (2008) 43 Cal.4th 249, 254.
  10. ^ People v. Flynn (2000) 77 Cal.App.4th 766, 772, 91 Cal.Rptr.2d 902.
  11. ^ "Robbery in the United States - an Analysis of Recent Trends and Patterns | Office of Justice Programs".
  12. ^ Siegel, Larry J.; Welsh, Brandon C. (January 2014). Juvenile Delinquency: Theory, Practice, and Law. Cengage Learning. ISBN 9781285974705.
  13. ^ Crime and criminal justice statistics Archived 2014-05-15 at the Wayback Machine, used table: robbery Archived 2014-05-25 at the Wayback Machine. Retrieved May-24-2014
  14. ^ UNODC Homicide Statistics 2013 Archived 2014-05-21 at the Wayback Machine, used two tables: Homicide counts and rates, time series 2000–2012 Archived 2014-06-24 at the Wayback Machine & Homicide victims killed during robbery as percentage of total homicide victims, time series 2005–2012 Archived 2014-05-21 at the Wayback Machine. Retrieved May-24-2014
  15. ^ a b Piero Colaprico (13 May 2013). "Milano, è morto Luciano Lutring: lo chiamavano 'il solista del mitra'". La Repubblica. Archived from the original on 6 October 2014. Retrieved 13 May 2013.
  16. ^ "Morto Luciano Lutring, l'ex bandito divenuto scrittore e artista" (in Italian). Archived from the original on 2016-10-21. Retrieved 2016-09-19.
  17. ^ White, Lionel (1955). Clean Break (First ed.). Dutton. p. 189. ASIN B0000CJAQV.
  18. ^ Weiler, A.H. (May 21, 1956). "Movie Review: The Killing (1956); SCREEN: 'The Killing'; New Film at the Mayfair Concerns a Robbery". The New York Times. Archived from the original on August 16, 2017. Retrieved March 3, 2017.
  19. ^ "OVERKILL Software". Archived from the original on 2022-04-12. Retrieved 2022-04-25.

Further reading

Wikimedia Commons has media related to Robbery.
  • Allen, Michael. (2005). Textbook on Criminal Law. Oxford: Oxford University Press. ISBN 0-19-927918-7.
  • Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977
  • Griew, Edward. Theft Acts 1968 & 1978. London: Sweet & Maxwell. London: LexisNexis. ISBN 0-406-89545-7
Look up robbery, robber, or hold-up in Wiktionary, the free dictionary.
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