Wednesday, October 24, 2012

MBE Fast Fact: Robbery

Robbery requires the taking of personal property of another from the other’s person or presence by force or intimidation with the intent to permanently deprive the other person of the property. A common fact pattern on the MBE will present a situation in which a person uses force to take propery from another but the person believes the property to be his own. Note that this is not robbery. Even if the person unreasonably believes the property to be his own, in such a sitution, the person did not intend to take the property of another (he intended to take what he believed to be his own property), so an essential element of the crime is lacking.

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