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Robbery
View on Wikipediafrom Wikipedia
 | The examples and perspective in this article deal primarily with common law countries, particularly Canada, the Republic of Ireland, the United Kingdom and the United States, as well as Norway and Spain and do not represent a worldwide view of the subject. (August 2022) |
Robbery[a] is the crime of taking or attempting to take anything of value by force, threat of force, or 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.
Etymology
[edit]The word "rob" came via French from Late Latin words (e.g., deraubare) of Germanic origin, from Common Germanic raub "theft".
Types of robbery
[edit]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.
Criminal slang for various kinds of robbery includes "blagging" (armed robbery, usually of a bank), "stickup" (derived from the verbal command "Stick 'em up!" to robbery targets to raise their hands in the air), and "steaming" (organized robbery; originally referred to robbery of trains); see Wiktionary:robbery for more.
By country
[edit]Canada
[edit]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]
Ireland
[edit]Robbery is a statutory offence in 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
[edit]England and Wales
[edit]Robbery is a statutory offence created by section 8(1) of the Theft Act 1968, which reads:
A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.[5]
Aggravated theft
[edit]Robbery is the only offence of aggravated theft.[6]
Aggravated robbery
[edit]There are no offences of aggravated robbery.[6]
"Steals"
[edit]This requires evidence to show a theft as set out in section 1(1) of the Theft Act 1968. In R v Robinson[7] the defendant threatened the victim with a knife in order to recover money which he was actually owed. His conviction for robbery was quashed on the basis that Robinson had an honest, although unreasonable, belief (under Section 2(1)(a) of the Act) in his legal right to the money. See also R v Skivington [1968] 1 QB 166, [1967] 2 WLR 655, 131 JP 265, 111 SJ 72, [1967] 1 All ER 483, 51 Cr App R 167, CA.
In R v Hale (1978)[8] the application of force and the stealing took place in many different locations, and it was not possible to establish the timing; it was held that the appropriation necessary to prove theft was a continuing act, and the jury could correctly convict of robbery. This approach was followed in R v Lockley (1995)[9] when the force was applied to a shopkeeper after property had been taken. It was argued that the theft should be regarded as complete by this time, and R v Gomez (1993),[10] should apply; the court disagreed, preferring to follow R v Hale.
Actual or threatened force against a person
[edit]The threat or use of force must take place immediately before or at the time of the theft. Force used after the theft is complete will not turn the theft into a robbery.
The words "or immediately after" that appeared in section 23(1)(b) of the Larceny Act 1916 were deliberately omitted from section 8(1).[11]
The book Archbold said that the facts in R v Harman,[12] which did not amount to robbery in 1620, would not amount to robbery now.[13]
It was held in R v Dawson and James (1978)[14] that "force" is an ordinary English word and its meaning should be left to the jury. This approach was confirmed in R v Clouden (1985)[15] and Corcoran v Anderton (1980),[16] both handbag-snatching cases. Stealing may involve a young child who is not aware that taking other persons' property is not in order.
Threat
[edit]The victim must be placed in apprehension or fear that force would be used immediately before or at the time of the taking of the property. A threat is not immediate if the wrongdoer threatens to use force of violence some future time.
Robbery occurs if an aggressor forcibly snatched a mobile phone or if they used a knife to make an implied threat of violence to the holder and then took the phone. The person being threatened does not need to be the owner of the property. It is not necessary that the victim was actually frightened, but the defendant must have put or sought to put the victim or some other person in fear of immediate force.[17]
The force or threat may be directed against a third party, for example a customer in a jeweller's shop.[18] Theft accompanied by a threat to damage property does not constitute robbery, but it may disclose an offence of blackmail.
Dishonestly dealing with property stolen during a robbery constitutes an offence of handling.
Mode of trial
[edit]Robbery is an indictable-only offence.[19]
Sentence
[edit]
Under current sentencing guidelines, the punishment for robbery is affected by a variety of aggravating and mitigating factors. Particularly important is how much harm was caused to the victim and how much culpability the offender had (e.g. carrying a weapon or leading a group effort implies high culpability). Robbery is divided into three categories which are, in increasing order of seriousness: street or less sophisticated commercial, dwelling, and professionally planned commercial.[20]
Robbery generally results in a custodial sentence. Only a low-harm, low-culpability robbery with other mitigating factors would result in an alternative punishment, in the form of a high-level community order.[20] The maximum legal punishment is imprisonment for life.[21] It is also subject to the mandatory sentencing regime under the Criminal Justice Act 2003. Current sentencing guidelines advise that the sentence should be no longer than 20 years, for a high-harm, high-culpability robbery with other aggravating factors.
The "starting point" sentences are:
- Low-harm, low-culpability street robbery: 1 year
- Medium-harm, medium-culpability street robbery: 4 years
- Medium-harm, medium-culpability professionally planned robbery: 5 years
- High-harm, high-culpability street robbery: 8 years
- High-harm, high-culpability professionally planned robbery: 16 years[20]
An offender may also serve a longer sentence if they are convicted of other offences alongside the robbery, such as assault and grievous bodily harm.
Common law
[edit]Robbery was an offence under the common law of England. Matthew Hale provided the following definition:
Robbery is the felonious and violent taking of any money or goods from the person of another, putting him in fear, be the value thereof above or under one shilling.[22]
The common law offence of robbery was abolished for all purposes not relating to offences committed before 1 January 1969[23] by section 32(1)(a) of the Theft Act 1968.
Statute
[edit]See sections 40 to 43 of the Larceny Act 1861.
Section 23 of the Larceny Act 1916 read:
23.-(1) Every person who -
- (a) being armed with any offensive weapon or instrument, or being together with one other person or more, robs, or assaults with intent to rob, any person;
- (b) robs any person and, at the time of or immediately before or immediately after such robbery, uses any personal violence to any person;
shall be guilty of felony and on conviction thereof liable to penal servitude for life, and, in addition, if a male, to be once privately whipped.
(2) Every person who robs any person shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding fourteen years.
(3) Every person who assaults any person with intent to rob shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding five years.
This section provided maximum penalties for a number of offences of robbery and aggravated robbery.[6]
Assault with intent to rob
[edit]If a robbery is foiled before it can be completed, an alternative offence (with the same penalty, given by section 8(2) of the 1968 Act) is assault; any act which intentionally or recklessly causes another to fear the immediate and unlawful use of force, with an intent to rob, will suffice.
The following cases are relevant:
- R v Trusty and Howard (1783) 1 East PC 418
- R v Sharwin (1785) 1 East PC 421
Mode of trial and sentence
[edit]Assault with intent to rob is an indictable-only offence.[19] It is punishable with imprisonment for life or for any shorter term.[21]
Assault with intent to rob is also subject to the mandatory sentencing regime under the Criminal Justice Act 2003.
Northern Ireland
[edit]Robbery is a statutory offence in Northern Ireland. It is created by section 8 of the Theft Act (Northern Ireland) 1969.
United States
[edit]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.[24]
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.[25] 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.[25]
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.[26] 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",[25] it means apprehension – an awareness of the danger of immediate bodily harm.
California
[edit]The maximum sentence for robbery in California is 9 years, according to Penal Code section 213(a)(1)(A).[27]
The threat or use of force does not have to take place immediately before or at the time of the theft.[28] 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.[29]
Robbery statistics
[edit]Reported robberies
[edit]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 crime is reported, meaning two things: (1) robbery rates appear lower than they actually are, and (2) the percentage of crime that is not reported is higher in some countries than others; for example, in one country 86% of the robberies were reported, whereas in another country only 67% of the robberies were reported. Crime also varies by certain neighborhoods or areas in each country, so a nationwide rate does not indicate the danger or safety everywhere in that country. 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.[30][31]
| Country | Reported annual robberies per 100,000 population[32] |
Year |
|---|---|---|
 Albania |
3.2 | 2023 |
 Algeria |
30.7 | 2021 |
 Andorra |
10.5 | 2019 |
 Antigua and Barbuda |
127.5 | 2023 |
 Argentina |
1010.3 | 2023 |
 Armenia |
7.6 | 2023 |
 Australia |
36.5 | 2022 |
 Austria |
29.3 | 2023 |
 Azerbaijan |
2.9 | 2021 |
 Bahamas |
31.2 | 2022 |
 Bahrain |
27.3 | 2008 |
 Bangladesh |
0.6 | 2006 |
 Barbados |
43.6 | 2022 |
 Belarus |
15.1 | 2019 |
 Belgium |
120.4 | 2023 |
 Belize |
45.4 | 2022 |
 Benin |
1.5 | 2017 |
 Bermuda |
78.6 | 2017 |
 Bhutan |
2.3 | 2017 |
 Bolivia |
174.2 | 2023 |
 Bosnia and Herzegovina |
8.4 | 2023 |
 Botswana |
78.2 | 2014 |
 Brazil |
570.3 | 2019 |
 Brunei Darussalam |
0.5 | 2006 |
 Bulgaria |
13.2 | 2023 |
 Burundi |
41.6 | 2014 |
 Cabo Verde |
432.8 | 2018 |
 Cameroon |
11.4 | 2021 |
 Canada |
60.2 | 2023 |
 Chile |
645.0 | 2023 |
 Colombia |
937.0 | 2022 |
 Costa Rica |
718.3 | 2023 |
 Croatia |
16.2 | 2023 |
 Cyprus |
4.6 | 2023 |
 Czech Republic |
13.3 | 2023 |
 Denmark |
22.3 | 2023 |
 Dominica |
65.8 | 2022 |
 Dominican Republic |
283.3 | 2023 |
 East Timor |
1.8 | 2017 |
 Ecuador |
432.6 | 2023 |
 Egypt |
2.9 | 2011 |
 El Salvador |
37.1 | 2022 |
 England and  Wales |
123.3 | 2023 |
 Estonia |
5.6 | 2023 |
 Eswatini |
316.1 | 2004 |
 Finland |
48.7 | 2023 |
 France |
94.7 | 2023 |
 Georgia |
9.8 | 2019 |
 Germany |
53.1 | 2023 |
 Ghana |
4.2 | 2021 |
 Greece |
27.2 | 2023 |
 Grenada |
60.6 | 2023 |
 Guatemala |
184.9 | 2023 |
 Guinea |
1.6 | 2007 |
 Guinea-Bissau |
19.8 | 2016 |
 Guyana |
57.2 | 2023 |
 Haiti |
1.6 | 2018 |
 Honduras |
174.0 | 2023 |
 Hong Kong |
1.3 | 2023 |
 Hungary |
5.5 | 2023 |
 Iceland |
26.1 | 2023 |
 India |
2.8 | 2013 |
 Indonesia |
1.6 | 2022 |
 Iraq (Central) |
4.2 | 2021 |
 Ireland |
31.1 | 2023 |
 Israel |
12.0 | 2023 |
 Italy |
48.3 | 2023 |
 Ivory Coast |
2.7 | 2008 |
 Jamaica |
32.4 | 2022 |
 Japan |
1.1 | 2023 |
 Jordan |
3.5 | 2023 |
 Kazakhstan |
50.8 | 2017 |
 Kenya |
5.8 | 2018 |
 Kosovo |
9.8 | 2021 |
 Kuwait |
23.5 | 2009 |
 Kyrgyzstan |
10.3 | 2018 |
 Latvia |
17.1 | 2023 |
 Lebanon |
43.1 | 2015 |
 Lesotho |
64.1 | 2009 |
 Liechtenstein |
15.2 | 2023 |
 Lithuania |
11.9 | 2023 |
 Luxembourg |
86.2 | 2023 |
 Macau |
1.7 | 2022 |
 Madagascar |
6.8 | 2015 |
 Malaysia |
13.1 | 2023 |
 Maldives |
19.0 | 2017 |
 Malta |
33.0 | 2023 |
 Mauritius |
48.5 | 2021 |
 Mexico |
158.6 | 2023 |
 Moldova |
12.3 | 2023 |
 Monaco |
32.6 | 2015 |
 Mongolia |
11.4 | 2023 |
 Montenegro |
4.3 | 2023 |
 Morocco |
30.4 | 2023 |
 Mozambique |
23.5 | 2009 |
 Myanmar |
0.1 | 2023 |
 Namibia |
166.6 | 2021 |
 Nepal |
0.3 | 2016 |
 Netherlands |
33.2 | 2023 |
 New Zealand |
66.6 | 2023 |
 Nicaragua |
175.9 | 2019 |
 Nigeria |
1.1 | 2013 |
 North Macedonia |
16.1 | 2023 |
 Northern Ireland |
28.6 | 2023 |
 Norway |
25.0 | 2023 |
 Oman |
0.7 | 2017 |
 Pakistan |
32.5 | 2023 |
 Palestine |
9.6 | 2023 |
 Panama |
140.2 | 2022 |
 Paraguay |
83.6 | 2022 |
 Peru |
251.6 | 2022 |
 Philippines |
4.6 | 2023 |
 Poland |
12.0 | 2023 |
 Portugal |
85.9 | 2023 |
 Puerto Rico |
36.6 | 2022 |
 Qatar |
1.6 | 2021 |
 Romania |
16.9 | 2023 |
 Russia |
4.6 | 2019 |
 Rwanda |
25.0 | 2013 |
 Saint Kitts and Nevis |
81.4 | 2022 |
 Saint Lucia |
133.3 | 2023 |
 Saudi Arabia |
0.4 | 2019 |
 Scotland |
35.0 | 2023 |
 Senegal |
17.2 | 2015 |
 Serbia |
9.6 | 2023 |
 Sierra Leone |
3.1 | 2008 |
 Singapore |
0.3 | 2023 |
 Slovakia |
6.0 | 2023 |
 Slovenia |
13.8 | 2023 |
 Solomon Islands |
10.2 | 2008 |
 South Africa |
328.1 | 2017 |
 South Korea |
1.0 | 2021 |
 Spain |
135.1 | 2023 |
 Sri Lanka |
13.1 | 2019 |
 St. Vincent and Grenadines |
66.6 | 2022 |
 Sudan |
9.0 | 2008 |
 Suriname |
100.5 | 2023 |
 Sweden |
60.7 | 2023 |
 Switzerland |
21.8 | 2023 |
 Syria |
4.0 | 2008 |
 São Tomé and Príncipe |
0.5 | 2011 |
 Tajikistan |
3.7 | 2011 |
 Tanzania |
18.0 | 2015 |
 Thailand |
1.7 | 2023 |
 Trinidad and Tobago |
140.6 | 2020 |
 Turkey |
17.0 | 2023 |
 Turkmenistan |
2.7 | 2006 |
 Uganda |
17.0 | 2017 |
 Ukraine |
46.5 | 2017 |
 United Arab Emirates |
3.5 | 2022 |
 United States of America |
63.2 | 2022 |
 Uruguay |
661.5 | 2023 |
 Uzbekistan |
2.9 | 2021 |
 Vatican City |
0.0 | 2023 |
 Yemen |
1.7 | 2009 |
 Zimbabwe |
67.9 | 2008 |
Prevalence
[edit]The below table shows the percentage of population which was victim to robbery in the previous 12 months according to United Nations Office on Drugs and Crime,[33] typically through statistical surveys to avoid under-reporting.[34]
| Country | Female | Male | Total | Year |
|---|---|---|---|---|
| Argentina |
7.0 | 5.2 | 6.2 | 2016 |
| Australia |
0.2 | 0.3 | 0.2 | 2023 |
| Austria |
0.2 | - | - | 2021 |
| Bangladesh |
1.2 | - | - | 2019 |
| Barbados |
- | - | 2.0 | 2009 |
| Belarus |
0.4 | 0.6 | - | 2019 |
| Belgium |
2.5 | 2.4 | 2.4 | 2021 |
| Benin |
1.9 | 1.9 | - | 2021 |
| Bolivia |
- | - | 2.6 | 2023 |
| Cabo Verde |
1.6 | 3.1 | 2.3 | 2016 |
| Canada |
0.7 | 0.5 | 0.6 | 2019 |
 Central African Republic |
3.4 | 7.4 | - | 2018 |
 Chad |
3.0 | 3.7 | - | 2019 |
| Chile |
4.1 | 3.9 | 4.0 | 2023 |
| Colombia |
2.1 | 2.3 | 2.2 | 2022 |
 Comoros |
1.3 | 4.6 | - | 2022 |
| Costa Rica |
- | - | 2.9 | 2023 |
| Croatia |
- | - | 0.9 | 2010 |
 Cuba |
0.4 | 0.2 | - | 2019 |
| Czech Republic |
- | - | 3.1 | 2013 |
 DR Congo |
4.3 | 10.7 | - | 2017 |
| Denmark |
0.8 | 0.8 | 0.8 | 2014 |
| Dominican Republic |
5.8 | 5.0 | 5.4 | 2022 |
| Ecuador |
12.6 | 15.3 | 13.8 | 2011 |
| El Salvador |
3.0 | 3.1 | 3.1 | 2019 |
| England and Wales |
- | - | 0.2 | 2023 |
| Estonia |
- | - | 0.7 | 2018 |
| Eswatini |
1.7 | 5.0 | - | 2021 |
 Fiji |
3.2 | 4.4 | - | 2021 |
| France |
- | - | 0.5 | 2022 |
| Georgia |
0.6 | 0.4 | - | 2018 |
| Germany |
0.5 | 0.7 | 0.6 | 2020 |
| Guatemala |
15.8 | 62.5 | - | 2019 |
| Guyana |
3.8 | 6.4 | - | 2019 |
| Honduras |
3.5 | 5.5 | - | 2019 |
| Hong Kong |
2.1 | 2.9 | 2.5 | 2006 |
| Indonesia |
0.0 | 0.0 | 0.0 | 2022 |
| Iraq |
0.6 | - | - | 2018 |
| Iraq (Central) |
1.2 | 2.8 | 2.7 | 2020 |
| Ireland |
1.0 | 2.0 | 1.7 | 2019 |
| Israel |
- | - | 0.3 | 2024 |
| Italy |
0.3 | 0.6 | 0.5 | 2016 |
| Jamaica |
3.8 | - | - | 2022 |
 Kiribati |
1.7 | 4.2 | - | 2018 |
| Kyrgyzstan |
1.8 | - | - | 2018 |
| Lesotho |
4.0 | 7.3 | - | 2018 |
| Luxembourg |
0.6 | 0.5 | 0.6 | 2020 |
| Madagascar |
2.6 | 5.7 | - | 2018 |
 Malawi |
3.6 | 9.4 | - | 2019 |
| Mauritius |
- | - | 15.0 | 2004 |
| Mexico |
4.7 | 6.0 | 5.3 | 2023 |
| Mongolia |
2.3 | 2.5 | - | 2018 |
| Montenegro |
0.7 | 1.7 | - | 2018 |
| Myanmar |
- | 0.2 | - | 2019 |
| Netherlands |
0.1 | 0.3 | 0.2 | 2023 |
| New Zealand |
- | - | 0.5 | 2014 |
| Nigeria |
4.7 | 5.6 | 5.2 | 2023 |
| Northern Ireland |
- | - | 0.1 | 2019 |
| Pakistan |
0.5 | 2.5 | - | 2019 |
| Palestine |
- | - | 3.2 | 2020 |
| Panama |
- | - | 1.7 | 2016 |
| Paraguay |
6.1 | 4.9 | 5.6 | 2019 |
| Peru |
16.5 | 16.4 | 16.5 | 2023 |
| Poland |
- | - | 2.0 | 2023 |
| Portugal |
1.7 | 2.1 | 1.9 | 2022 |
| Saint Lucia |
- | - | 0.6 | 2018 |
 Samoa |
0.7 | 3.9 | - | 2019 |
| Saudi Arabia |
0.1 | 0.9 | 0.9 | 2019 |
| Scotland |
- | - | 0.2 | 2021 |
| Serbia |
1.0 | - | - | 2019 |
| Slovenia |
0.5 | 0.7 | 0.6 | 2020 |
| South Africa |
0.7 | 0.5 | 0.6 | 2021 |
| South Korea |
- | - | 0.1 | 2022 |
| St. Vincent and Grenadines |
- | - | 6.0 | 2010 |
| Suriname |
2.0 | 3.0 | - | 2018 |
| Sweden |
0.4 | 1.6 | 1.0 | 2023 |
| Switzerland |
0.4 | 0.4 | 0.4 | 2021 |
| Thailand |
0.1 | 0.2 | - | 2022 |
 Tonga |
1.2 | 1.0 | - | 2019 |
| Trinidad and Tobago |
2.3 | - | - | 2022 |
 Tunisia |
1.3 | 1.9 | - | 2023 |
| Turkmenistan |
0.0 | - | - | 2019 |
 Turks and Caicos Islands |
1.7 | 1.0 | - | 2019 |
 Tuvalu |
1.8 | 2.2 | - | 2019 |
| Uganda |
- | - | 1.8 | 2024 |
| United States of America |
- | - | 0.2 | 2023 |
| Uruguay |
5.0 | 5.0 | 5.0 | 2011 |
| Uzbekistan |
0.0 | - | - | 2021 |
 Vietnam |
0.8 | 0.6 | - | 2020 |
| Zimbabwe |
3.0 | 5.9 | - | 2019 |
In popular culture
[edit] |
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
[edit]- The Killing (1956), by Stanley Kubrick, depicts a graphic robbery.
- Wake Up and Die (1966) is an Italian crime drama film directed by Carlo Lizzani, based on the real life of Luciano Lutring ("il solista del mitra", translation: "the submachine soloist"), who kept his weapon in a violin case.[35]
- Take the Money and Run (1969), by Woody Allen, depicts an unconventional view of a robbery by an incompetent robber.
- Le Gitan (1975), directed by José Giovanni, is loosely based on Luciano Lutring's autobiography. Lutring is played by Alain Delon.[35]
- Dog Day Afternoon (1975) depicts a bank robbery which escalates to a hostage situation.
- Reservoir Dogs (1992), by Quentin Tarantino, shows the aftermath of a robbery, with an abundance of lurid details.
In literature
[edit]- 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 rare for a robber).[36]
- Lionel White's Bloodhound mysteries novel, No.116, Clean Break (1955)[37] was the basis for Stanley Kubrick's film The Killing (1956).[38]
In video games
[edit]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.[39]
See also
[edit]- Aircraft hijacking
- Art theft
- Balaclava (clothing)
- Brigandage
- Bushranger
- Convenience store crime
- Crime statistics
- Dacoit
- Flash mob robbery
- Gangs in the United States
- Hajduk
- Highwayman
- Home invasion
- Klepht
- Looting
- Mafia
- Marauder (disambiguation)
- Metal theft
- Millionaire tour
- Organized retail crime
- Outlaw
- Piracy
- Ram-raiding
- Shanlin
- Snapphane
- Snatch theft
- Train robbery
- Truck hijacking
Notes
[edit]- ^ From Old French rober ("to steal, ransack, etc.") from Proto-West Germanic *rauba ("booty")[1]
References
[edit]- ^ "rob (v.)". Online Etymology Dictionary. Retrieved 2024-05-16.
- ^ "Carter, Floyd J. vs U.S." June 12, 2000. Archived from the original on September 3, 2006. Retrieved 2008-05-04.
- ^ Criminal Code, RSC 1985, c C-46, ss 343, 344. Archived 2015-10-07 at the Wayback Machine
- ^ 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.
- ^ Digitised copy Archived 2011-08-20 at the Wayback Machine of section 8 of the Theft Act 1968, from Legislation.gov.uk.
- ^ a b c Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 3-01 at page 79.
- ^ R v Robinson [1977] Crim LR 173, CA
- ^ R v Hale (1978) 68 Cr App R 415, [1979] Crim LR 596, CA
- ^ Crim LR 656
- ^ [1993] AC 442, House of Lords
- ^ The Criminal Law Revision Committee. Eighth Report. Theft and Related Offences. 1966. Cmnd 2977. Paragraph 65.
- ^ R v Harman (1620) 1 Hale 534 Archived 2016-06-17 at the Wayback Machine, (1620) 2 Rolle 154, (1620) 81 ER 721 Archived 2013-12-09 at the Wayback Machine
- ^ Archbold Criminal Pleading, Evidence and Practice, 1999, para. 21-99 at p. 1772
- ^ R v Dawson and James (1978) 68 Cr App R 170, CA
- ^ R v Clouden, unreported (C.A. No. 3897, 4 February 1985). For details see Griew, Edward. The Theft Acts 1968 and 1978. Fifth Edition. Sweet and Maxwell. 1986. Paragraphs 3-04 and 3-05 at page 80.
- ^ Corcoran v Anderton (1980) 71 Cr App R 104, [1980] Crim LR 385, DC
- ^ R v Khan LTL (9 April 2001) and Archbold 2006 21-101.
- ^ Smith v Desmond [1965] HL
- ^ a b This is the effect of section 8(2) of the Theft Act 1968 and paragraph 28(a) of Schedule 1 to the Magistrates' Courts Act 1980.
- ^ a b c "Sentencing Council" (PDF). Sentencing Council - Robbery: Definitive guidelines. Archived (PDF) from the original on 2016-08-02. Retrieved 2018-05-18.
- ^ a b Theft Act 1968, section 8(2)
- ^ 1 Hale 532
- ^ Theft Act 1968, section 35(1)
- ^ Lafave, Criminal Law 3rd ed. (West 2000) Sec. 8.11
- ^ a b c Lafave, Criminal Law 3rd ed. (West 2000) Sec 8.11
- ^ Lafave, Criminal Law 3rd ed. (West 2000) Sec 8.11;Boyce & Perkins, Criminal Law, 3rd ed. (1992)
- ^ "CALIFORNIA PENAL CODE SECTION 211-215". Archived from the original on 2012-10-23. Retrieved 2012-09-21.
- ^ People v. Gomez (2008) 43 Cal.4th 249, 254.
- ^ People v. Flynn (2000) 77 Cal.App.4th 766, 772, 91 Cal.Rptr.2d 902.
- ^ "Robbery in the United States - an Analysis of Recent Trends and Patterns | Office of Justice Programs".
- ^ Siegel, Larry J.; Welsh, Brandon C. (January 2014). Juvenile Delinquency: Theory, Practice, and Law. Cengage Learning. ISBN 9781285974705.
- ^ "United Nations Office on Drugs and Crime, crime-violent-offences, Category: Robbery". Retrieved 18 May 2025.
- ^ "United Nations Office on Drugs and Crime, dp-sdg-16-1-3, Prevalence rate of robbery (%)". dataUNODC. Retrieved 2025-08-13.
- ^ "SDG indicator metadata" (PDF). Retrieved 2025-08-13.
- ^ 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.
- ^ "Morto Luciano Lutring, l'ex bandito divenuto scrittore e artista" (in Italian). Archived from the original on 2016-10-21. Retrieved 2016-09-19.
- ^ White, Lionel (1955). Clean Break (First ed.). Dutton. p. 189. ASIN B0000CJAQV.
- ^ 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.
- ^ "OVERKILL Software". Archived from the original on 2022-04-12. Retrieved 2022-04-25.
Sources
[edit]- Matthew Hale. Historia Placitorum Coronae. 1736. 1800 Edition. Volume 1. Chapter XLVI. pp 532–538.
Further reading
[edit]- 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
External links
[edit]
Wikimedia Commons has media related to Robbery.
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Robbery
View on Grokipediafrom Grokipedia
Robbery is an aggravated form of theft (taking property from another), involving violence or the threat of violence against a victim in their presence.[1] This offense requires the perpetrator to act with the intent to permanently deprive the victim of the property, typically from their person or immediate presence.[2]
Distinguished from simple larceny (theft without force) and burglary (unlawful entry with intent to commit a crime), robbery incorporates elements of both trespass to property and assault, elevating it to a violent crime punishable more severely.[3] The force or intimidation must be used to overcome the victim's resistance or will, and it can include physical violence, display of a weapon, or threats of immediate harm.[3] For a conviction, prosecutors must prove all elements of larceny—trespassory taking, asportation (carrying away), and intent—plus the additional component of force applied before, during, or immediately after the taking.[3]
The concept of robbery originated in English common law, where it was defined as the felonious taking of personal property from another's person or presence by violence or putting them in fear, classified as a capital felony punishable by death.[2] Its historical development in England involved two major trends: expanding the offense to cover not only direct violent assaults but also aggravated forms of larceny, and adjusting punishments to better match the crime's severity.[4] Over centuries, the focus shifted from mere property theft to prioritizing the protection of individuals against acquisitive violence, with the theft element becoming secondary in modern interpretations.[4] This evolution influenced U.S. jurisdictions, where common law principles form the basis for statutory definitions, though specifics vary by state.[2]
Robbery encompasses various forms, including armed robbery (involving a firearm or deadly weapon) and aggravated robbery (when committed with accomplices, causing serious bodily injury, or implying possession of a dangerous weapon).[5][6] Other notable types include strong-arm robbery (unarmed physical force) and specialized variants like carjacking, which targets vehicles and is often penalized as a separate aggravated offense.[7] Penalties are typically severe, ranging from 5 to 99 years in prison depending on the jurisdiction and aggravating factors; for example, in Texas, basic robbery is a second-degree felony with 2–20 years imprisonment, while aggravated forms can result in life sentences.[5]
In the United States, robbery remains a significant component of violent crime, though incidence has declined in recent years. According to FBI Uniform Crime Reporting data for 2024, reported robbery offenses decreased by an estimated 8.9% compared to 2023, contributing to an overall 4.5% drop in violent crimes nationwide.[8] Despite this trend, robberies continue to disproportionately affect urban areas and often involve economic desperation or organized crime, underscoring ongoing law enforcement and prevention efforts.[9]
Definition and Etymology
Etymology
The term "robbery" derives from Middle English "robberie" or "roberie," first attested around 1200, which is a direct borrowing from Old French "roberie," denoting the act or practice of stealing or plundering.[10] This Old French form stems from the verb "rober," meaning "to steal" or "to pillage," ultimately tracing back to Frankish *raubōn and broader West Germanic *raubą, connoting violent seizure or stripping by force.[11] In medieval English legal contexts, "robberie" appeared in Anglo-Norman French texts, such as the Statute of Westminster I (1275), where it described felonious takings involving violence or intimidation, distinguishing it from simpler thefts.[12] This usage reflected the term's evolution in 13th-century England, where it was employed in statutes to address public order threats like highway plundering, as seen in provisions holding communities liable for unpunished "robberies." Etymologically, "robbery" differs from related terms like "theft" or "larceny," which originate from Old English "þēof" (thief) or Latin "furtum" (secret stealing), lacking the inherent connotation of violence or confrontation present in "robbery's" Germanic and Latin derivations focused on plunder and rapid seizure.[10][13] This distinction underscores how "robbery" linguistically encodes an element of force from its inception, setting it apart in historical and legal lexicons.[14]Legal Definition
Robbery is generally defined in common law as the unlawful taking and carrying away of personal property from the person or immediate presence of another, accomplished by force or intimidation, with the intent to permanently deprive the owner of that property.[15] This definition builds on the elements of larceny—trespassory taking and asportation of another's property—but elevates the offense through the addition of violence or fear, distinguishing it as a crime against both property and personal security.[2] A key distinction lies in robbery's requirement of confrontation with the victim, unlike simple theft (larceny), which involves taking property without the use of force, violence, or intimidation, and may occur without the owner's awareness.[16] Burglary, by contrast, centers on unlawful entry into a structure or dwelling with intent to commit a felony or theft therein, without necessitating force against a person or direct taking of property.[16] Under international standards, such as those outlined by the United Nations Office on Drugs and Crime (UNODC) in its International Classification of Crime for Statistical Purposes (ICCS), robbery is characterized as the theft of property from a person by overcoming resistance through force or threat of force.[17] Legal definitions vary across jurisdictions; for instance, some civil law systems emphasize the immediate transfer of possession from the victim to the perpetrator during the act, while others may include post-theft violence if it facilitates the escape or retention of the property.[18]Elements of the Crime
Use of Force or Intimidation
The use of force or intimidation serves as a defining element that distinguishes robbery from mere theft, transforming a non-violent property crime into a violent felony by introducing an element of personal endangerment to the victim.[2] In legal terms, this requirement ensures that the perpetrator's actions compel submission through physical compulsion or psychological coercion, elevating the offense's severity.[19] Actual force refers to the direct application of physical violence or restraint against the victim, such as striking, pushing, or confining them to facilitate the crime.[20] Examples include physically assaulting a store clerk during a holdup or using bodily strength to wrestle an item away, where any injury or struggle to retain possession qualifies as violence sufficient to meet this threshold.[20] This form of force implies tangible harm or the immediate risk thereof, often leaving visible evidence like bruises or requiring medical attention.[2] In contrast, constructive force encompasses non-physical means that instill fear or prevent resistance without direct contact, such as verbal threats or displays of menace.[21] Common examples involve brandishing a weapon to imply harm, shouting demands like "Hand it over or else," or using intimidating gestures that put the victim in reasonable apprehension of injury.[22] Under frameworks like the Model Penal Code § 222.1, such threats must convey an immediacy of harm, targeting immediate bodily injury rather than future or remote dangers, to qualify as robbery.[23] This immediacy ensures the coercion is contemporaneous with the criminal act, preventing the element from applying to delayed or conditional intimidations.[23]Taking of Property
In robbery, the element of taking property necessitates the wrongful and trespassory seizure of tangible personal property belonging to another, distinguishing it from mere threats or attempts without actual possession.[24] Under common law, this requires that the property be personal—movable items such as cash, jewelry, vehicles, or goods—rather than real property like land or buildings, which falls outside the scope of this offense.[25] The property must also be in the actual or constructive possession of the victim at the time of the taking, ensuring the act directly deprives the owner of control.[2] A critical component of the taking is asportation, defined as any movement or carrying away of the property that demonstrates control by the perpetrator, even if slight or momentary.[26] Courts have consistently held that asportation does not demand substantial distance or duration; minimal displacement suffices to complete the element, such as shifting an item from one location to another within the same vicinity or loading it into a vehicle.[27] For instance, in United States v. Nedley, 255 F.2d 350 (3d Cir. 1958), the court affirmed a robbery conviction under the Hobbs Act where cases of whisky were removed from a terminal, loaded into trucks, and driven away, emphasizing that such actions satisfied the asportation requirement despite the relatively contained scope of the movement.[28] This low threshold ensures the offense captures practical instances of theft accomplished through immediate control, without requiring the perpetrator to escape with the property entirely. Under common law, the property taken in robbery must be tangible personal property capable of physical seizure and asportation. However, many modern U.S. jurisdictions, such as Texas, extend the definition to include intangible personal property—including funds in a bank account, stocks, or other assets of value—where the taking involves unlawfully obtaining control or transferring the property's value.[5][23] Future interests, such as expected wages, services, or contractual rights, generally do not qualify, as the property must exist and be possessable at the time of the offense.[2] The taking in robbery is typically enabled by the accompanying use of force or intimidation, which facilitates the seizure without the need for stealth alone.[24]Intent and Mens Rea
In criminal law, the mens rea for robbery encompasses the specific intent to permanently deprive the victim of their property, coupled with the intent to use force or intimidation to accomplish the taking. This dual requirement distinguishes robbery from mere theft, as the perpetrator must purposefully employ or threaten violence as a means to effectuate the deprivation. Under common law traditions, this intent must be proven beyond a reasonable doubt, ensuring that accidental or opportunistic encounters do not qualify as the offense.[2] The Model Penal Code (MPC), which has influenced many U.S. jurisdictions, defines the mens rea for robbery in terms of "purposeful" or "knowing" conduct. Specifically, a person acts purposefully when it is their conscious object to engage in the proscribed conduct or cause the result, such as intentionally using force during a theft to deprive another of property. Knowing conduct involves awareness that the result—permanent deprivation through force—is practically certain to occur. This standard elevates robbery to a felony by requiring deliberate malice toward both the property and the victim, rather than mere recklessness or negligence.[23] Defenses that negate or undermine the mens rea element are critical in robbery prosecutions, as they challenge the prosecution's ability to establish the required guilty mind. Duress, for instance, may excuse liability if the defendant committed the act under an imminent threat of death or serious bodily injury that a reasonable person would not have resisted, thereby rendering the action involuntary and negating purposeful intent. Similarly, mistake of fact serves as a defense when the defendant's reasonable but erroneous belief about a factual circumstance—such as believing the property belonged to them—precludes the formation of intent to deprive another unlawfully. These defenses succeed only if they directly rebut the specific mental state, shifting the burden back to the prosecution to prove intent persisted despite the claimed circumstances.[29][30]Types of Robbery
Armed Robbery
Armed robbery constitutes an aggravated form of robbery wherein the offender uses, displays, or threatens to use a deadly weapon—such as a firearm, knife, or other instrument capable of inflicting serious bodily harm or death—while taking property from a person or in their presence through force, violence, or intimidation. This element of weapon involvement intensifies the immediate threat to the victim's safety, elevating the offense beyond standard robbery by introducing a higher likelihood of injury or fatality. In essence, it builds upon the fundamental requirements of robbery, including the unlawful taking of property with the intent to permanently deprive the owner, but the presence of a weapon transforms it into a more severe violation.[31][2] Due to the escalated danger posed by weapons, armed robbery receives stringent legal treatment across jurisdictions, particularly in the United States, where it is universally classified as a felony with automatic enhancements to penalties. These enhancements often mandate minimum prison terms of 10 years or more, reflecting the offense's gravity and aiming to deter such high-risk criminal acts; for instance, federal sentencing guidelines under the U.S. Sentencing Commission impose additional years for brandishing or discharging a firearm during the crime, potentially extending sentences to 57–71 months or longer depending on circumstances. State laws similarly amplify punishments, with many prescribing 15–25 year minimums for armed robbery convictions to account for the weapon's role in increasing victim vulnerability.[32][33][34] Data from the FBI's Uniform Crime Reporting Program underscores the prevalence of weapons in robberies, highlighting armed incidents as a significant subset of the crime. In 2018, among reported robberies for which weapon details were provided, firearms were used in 38.2 percent of cases, knives or cutting instruments in 8.3 percent, and other dangerous weapons in 10.4 percent, while strong-arm tactics (without weapons) accounted for 43.0 percent. These figures, drawn from law enforcement submissions nationwide, illustrate that armed robberies represent roughly 57 percent of incidents with known weapon involvement, emphasizing the weapon's role in a majority of violent property takings.[35]Unarmed Robbery
Unarmed robbery, often referred to as strong-arm robbery, constitutes the unlawful taking of property from a person through the application of physical force or the threat thereof, without the involvement of any weapon. This form of robbery relies primarily on the perpetrator's physical presence, verbal threats, or non-deadly physical force to overcome the victim's resistance or instill fear, distinguishing it from more severe variants by the absence of dangerous instruments.[36] In legal terms, it typically requires an assaultive act or intimidation that directly confronts the victim, ensuring the offense meets the core elements of robbery while eschewing lethal enhancements.[2] Common scenarios of unarmed robbery include muggings in urban settings, where an offender approaches a pedestrian and uses bodily force to seize valuables, or purse-snatching incidents involving brief restraint or shoving to dispossess the victim of a handbag. These acts emphasize immediate, personal confrontation rather than premeditated armament, often occurring opportunistically in public spaces to exploit surprise or vulnerability. For instance, a perpetrator might grab a victim's arm while demanding their wallet under threat of punching, relying on the implied danger of unarmed violence.[36] Such examples highlight how unarmed robbery prioritizes coercive physicality over technological or lethal means, making it a prevalent street-level crime.[37] In terms of legal consequences, unarmed robbery is universally classified as a felony across U.S. jurisdictions, but it generally carries lesser penalties than armed variants due to the reduced risk of severe injury or death. For example, in Michigan, assault with intent to rob unarmed is punishable by up to 15 years in prison, compared to life imprisonment for armed robbery.[38] Similarly, in Massachusetts, unarmed robbery can result in imprisonment for life or any term of years, though without the mandatory minimums often applied to armed cases, and repeat offenders face a minimum of two years.[39] In Virginia, it is a Class 5 felony, punishable by 1 to 10 years in prison, underscoring the felony status while reflecting mitigated culpability absent weaponry.[40] Federally, under bank robbery statutes, unarmed offenses fall under 18 U.S.C. § 2113(a) with base offense levels leading to sentences averaging around 76 months, lower than those enhanced for firearms.[41]Aggravated Robbery
Aggravated robbery represents an escalated form of the crime, distinguished by the presence of specific aggravating factors that increase the severity of the offense and corresponding penalties. These factors typically include the vulnerability of the victim, such as when the target is elderly, disabled, or otherwise unable to defend themselves effectively, which heightens the perceived threat and harm potential.[42] Additionally, involvement of multiple perpetrators, where accomplices assist in the commission of the robbery, can elevate the charge by amplifying the intimidation and risk to the victim.[42] Another key aggravating element is the infliction of serious bodily injury during the act, transforming a standard robbery into a more violent encounter that endangers life or causes lasting harm.[5] In many jurisdictions, legal classifications differentiate degrees of robbery to reflect these aggravations, with first-degree robbery often encompassing the most severe scenarios. For instance, under California's Penal Code § 211, robbery is defined as the felonious taking of personal property from another's possession or immediate presence against their will through force or fear, and it is always a felony.[43] First-degree robbery applies in cases involving an inhabited dwelling, a transit vehicle, or proximity to an inhabited structure like an ATM, carrying harsher penalties such as 3, 4, or 6 years in state prison, while second-degree robbery covers less aggravated circumstances with 2, 3, or 5 years.[43] Armed robbery, which involves the use or display of a deadly weapon, is frequently treated as a subset of aggravated robbery, triggering additional enhancements.[43] Global variations in aggravated robbery laws emphasize harsher penalties to deter such escalated violence. In Australia, under Section 95 of the Crimes Act 1900 (NSW), aggravated robbery occurs when a person steals property using force or threats while armed with an offensive weapon, in the company of another person, or when the victim suffers wounding or grievous bodily harm, punishable by up to 20 years imprisonment.[44] If grievous bodily harm is inflicted, penalties can extend to 25 years under Section 96.[45] These provisions reflect a broader international trend toward enhanced sentencing for factors like victim vulnerability and group involvement, as seen in various U.S. states where crimes against elderly victims trigger mandatory minimums or degree elevations.[46]Historical Development
Origins in Common Law
Robbery emerged as a distinct felony in English common law during the medieval period, particularly gaining formal recognition in the 13th century as a crime involving violence against the person, setting it apart from mere theft. In works reflecting early common law principles, such as Henry de Bracton's De Legibus et Consuetudinibus Angliae (c. 1250), robbery (rapina) was described as the forceful seizure of property from another, often equated with open plunder and punishable severely due to its threat to personal safety and social order.[47] This characterization aligned with the era's emphasis on felonies of the highest degree, where violence elevated theft to a capital offense, influencing subsequent judicial interpretations.[48] Sir William Blackstone's Commentaries on the Laws of England (1765–1769) provided a seminal 18th-century codification of these common law origins, defining robbery as "the felonious and forcible taking from the person of another, and against his will, of goods or money to any value, by violence and putting him in fear."[49] Blackstone emphasized its status as a felony of the highest degree, punishable by death, due to the inherent violence that distinguished it from non-violent property crimes and underscored the law's priority on protecting individuals from physical harm.[50] This definition rooted in earlier precedents, highlighted robbery's evolution from Anglo-Saxon concepts of plunder (hrapa or reafian) to a structured offense under royal justice.[47] A key distinction from larceny was articulated in early cases, such as Rex v. Lapier (1784), where the violent snatching of an earring that tore the victim's ear was deemed larceny rather than robbery because the force was incidental to the taking and did not involve prior intimidation or sustained fear.[51] In contrast, common law robbery required an element of putting the victim in fear—either before, during, or immediately after the taking—to qualify as the aggravated offense, as Blackstone noted, preventing clandestine pickpocketing or stealthy thefts from being elevated without proof of overt violence.[49] These common law principles profoundly shaped legal systems in colonial America and other realms under English influence, where robbery was adopted as a capital crime mirroring the mother country's framework.[52] In the American colonies, statutes and court practices directly imported the elements of force and fear, treating robbery as an egregious offense warranting severe penalties to maintain order in frontier societies.[48] Similarly, Commonwealth nations inherited this foundation, embedding robbery's common law definition into their foundational legal codes as a baseline for property crimes involving personal endangerment.[53]Evolution in Modern Law
In the 19th and early 20th centuries, robbery transitioned from a common law felony defined by violence accompanying theft to statutory codification, reflecting broader efforts to modernize and consolidate criminal law across jurisdictions. This shift addressed inconsistencies in common law interpretations, where robbery required proof of theft plus force or intimidation, by enacting precise legislative definitions to enhance clarity and uniformity in prosecution.[54] For instance, the United Kingdom's Theft Act 1968 explicitly codified robbery under Section 8, stating that a person is guilty if they steal and, immediately before or at the time, use force on any person or put them in fear of being subjected to force, thereby replacing fragmented prior statutes like the Larceny Act 1916.[55] In the mid-20th century, influential frameworks further standardized robbery's elements, emphasizing mens rea and graded offenses based on harm levels. The American Law Institute's Model Penal Code, finalized in 1962, defined robbery in Section 222.1 as theft accompanied by infliction of bodily injury, use of force, or threats, with degrees escalating from third-degree (simple threats) to first-degree (serious injury or weapons).[23] This model profoundly shaped state penal codes, promoting consistency by integrating robbery into broader theft provisions and influencing over half of U.S. jurisdictions to adopt similar structures, as evidenced by its citation in thousands of judicial opinions.[56] Recent developments from the late 20th to 21st century have grappled with adapting robbery laws to digital contexts and addressing sentencing inequities. Debates on "cyber-robbery" question whether non-physical threats, such as hacking or virtual coercion to extract digital assets, satisfy traditional force requirements, with scholars arguing that applying robbery statutes to cyberspace risks over-criminalization without tailored remedies.[57] Post-2020 reforms, driven by racial justice movements, have focused on equity by enabling sentence reviews for robbery convictions, such as Washington's SB 5164 mandating resentencing hearings for life-without-parole terms in second-degree cases to mitigate disproportionate impacts on communities of color.[58] These changes aim to reduce mass incarceration legacies while preserving deterrence.[59]Robbery by Jurisdiction
United Kingdom
In England and Wales, robbery is defined under section 8(1) of the Theft Act 1968 as a person being guilty of the offence if they steal, and immediately before or at the time of doing so, and in order to do so, use force on any person or put or seek to put any person in fear of being then and there subjected to force. This statutory definition evolved from common law principles where robbery was understood as theft aggravated by violence or the threat thereof. The offence encompasses both the act of theft and the immediate use of force, distinguishing it from mere theft or assault. The maximum penalty for robbery in England and Wales is life imprisonment upon conviction on indictment, as stipulated in section 8(2) of the Theft Act 1968, with particularly severe sentences reserved for aggravated cases involving weapons, significant harm, or vulnerability of the victim. Sentencing is guided by the definitive guidelines issued by the Sentencing Council for England and Wales, effective from 1 April 2016, which categorize offences based on culpability (e.g., high due to use of weapons or planning, lower for opportunistic acts) and harm (e.g., Category 1 for serious injury or psychological trauma). These post-2010 guidelines, mandated under the Coroners and Justice Act 2009, emphasize assessing the overall harm caused and the offender's level of culpability to determine appropriate sentences, ranging from community orders for low-level cases to life imprisonment for the most serious. In Scotland, robbery remains a common law offence, defined as the felonious appropriation of property from a person through violence or the threat of violence, with a maximum penalty of life imprisonment. Northern Ireland's law mirrors that of England and Wales under section 8 of the Theft Act (Northern Ireland) 1969, which provides an identical definition and maximum life sentence for robbery. Across the United Kingdom, prosecution typically occurs in higher courts, with sentencing reflecting the aggravated nature of cases involving firearms or group offending, as highlighted in guidelines that prioritize victim impact.United States
In the United States, robbery is predominantly governed by state criminal codes, which define it as the felonious taking of property from another person or their immediate presence through force, violence, or fear of injury, distinguishing it from mere theft. Federal jurisdiction applies in limited scenarios, such as crimes committed within special maritime or territorial areas under 18 U.S.C. § 2111, where an individual who takes or attempts to take anything of value by force, violence, or intimidation faces fines and imprisonment for up to 15 years. This statute ensures federal oversight in places like national parks, military bases, or federal enclaves, reflecting the nation's federalist structure where most robberies fall under state authority.[60] Federal law also addresses specific high-risk robberies, notably bank robberies under 18 U.S.C. § 2113, which prohibits taking or attempting to take property from a federally insured bank, credit union, or savings association by force, intimidation, or extortion, punishable by up to 20 years imprisonment.[61] Enhancements apply if the offense involves assaulting a victim or endangering life with a dangerous weapon, elevating the maximum penalty to 25 years; for instance, entering a bank to commit robbery adds up to 10 years, and assault during such an act can result in life imprisonment if it causes death.[61] State laws exhibit variations in grading and elements, often categorizing robbery by degrees based on aggravating factors. In New York, for example, Penal Law § 160.10 defines second-degree robbery as forcible stealing aided by another person present, causing physical injury, displaying a firearm (real or imitation), or involving a motor vehicle, constituting a class C felony with potential sentences of 3 to 15 years.[62] Firearm involvement triggers enhancements across jurisdictions, amplifying penalties to deter armed violence. Under federal sentencing guidelines, U.S.S.G. § 2B3.1 imposes a 5-level increase in offense level for brandishing or possessing a firearm during a robbery, with further escalations for discharge or injury.[63] States similarly escalate charges; in California, Penal Code § 12022.53 mandates additional consecutive terms of 10 years for personal use of a firearm in a robbery, or 25 years to life if discharged causing great bodily injury, though judicial discretion allows some mitigation.[64] These provisions underscore the emphasis on public safety in robbery prosecutions. In the 2020s, states like California have advanced criminal justice reforms through ongoing implementations of Proposition 36 (2012), allowing retroactive resentencing relief for third-strike offenders whose current offense is non-serious and non-violent, contributing to efforts to curb mass incarceration while maintaining strict penalties for violent acts.[65]Canada
In Canada, robbery is governed by the federal Criminal Code and is distinguished from theft by the use or threat of violence. Under section 343, a person commits robbery if they steal, and for the theft, use violence or threats of violence to a person or property; or steal from a person while using or threatening personal violence at the time of the theft or immediately before or after.[66] This definition emphasizes the coercive element, setting robbery apart from non-violent theft under section 322, and applies uniformly across provinces and territories as a Criminal Code offence. Punishment for robbery is outlined in section 344, classifying it as an indictable offence punishable by up to life imprisonment, with enhanced penalties for aggravated circumstances such as wounding, use of weapons, or firearms.[67] If wounding or endangering life occurs during the robbery, the maximum remains life, but sentencing considers the severity, often resulting in longer terms. For instances involving restricted or prohibited firearms used in the commission of the offence, a mandatory minimum of five years' imprisonment applies for a first conviction, increasing to seven years for subsequent offences; these minimums were upheld as constitutional by the Supreme Court in 2023 for certain firearm-related robberies.[67] Sentencing for robbery also incorporates specific considerations for Indigenous offenders under the Gladue principles, established by the Supreme Court in R. v. Gladue (1999), which mandate courts to account for the offender's Indigenous background, including historical injustices, systemic discrimination, and community impacts, to avoid over-incarceration and promote restorative approaches. These principles have been applied in robbery cases, such as R. v. Hilbach (2023), where an Indigenous offender's sentence for armed robbery was considered with Gladue factors despite mandatory minimums.[68] Recent police-reported statistics indicate a decline in robbery incidents following policy changes after 2015, including the repeal of certain mandatory minimum sentences under Bill C-5 (2018) and bail reforms in Bill C-75 (2019) aimed at reducing delays and over-reliance on pre-trial detention.[69] The rate fell from 75.5 incidents per 100,000 population in 2015 to 59 in 2023, with 23,651 incidents reported that year, and further decreased by 2% in 2024, reflecting broader trends in violent crime severity.[70][71]Other Countries
In civil law jurisdictions, robbery is typically defined as theft accompanied by violence or threats, with penalties scaled by aggravating factors such as the use of weapons. In France, under Article 311-8 of the Code Pénal, robbery committed with the use or threat of a weapon—known as vol à main armée—is punishable by up to 20 years of criminal imprisonment and a fine of €150,000, while more severe cases involving permanent injury or commission in a group can escalate to 30 years under Article 311-9. Similarly, in Germany, Section 249 of the Strafgesetzbuch (StGB) defines robbery as the taking of movable property through force against a person or imminent threat thereof, carrying a penalty of imprisonment from six months to five years; in especially serious cases, such as those involving weapons or serious harm, the sentence ranges from one to 10 years under Section 250. Non-Western jurisdictions often incorporate cultural or societal elements into their robbery statutes, emphasizing group dynamics or state security. In India, Section 310 of the Bharatiya Nyaya Sanhita (BNS, effective July 1, 2024, replacing the Indian Penal Code) defines robbery as theft when, in order to commit the theft or in committing the theft or in carrying away or attempting to carry away the property obtained by theft, the offender voluntarily causes or attempts to cause death, hurt, wrongful restraint, or fear of instant death, hurt, or wrongful restraint; penalties are up to 10 years' rigorous imprisonment and a fine. When committed by five or more persons conjointly, it constitutes dacoity under Section 311, punishable by life imprisonment or rigorous imprisonment for 10 years and a fine.[72] In China, Article 263 of the Criminal Law criminalizes robbery as the violent, coercive, or otherwise forceful seizure of public or private property, with base penalties of three to 10 years' imprisonment and fines; armed robbery, group robbery, or cases causing serious injury or death warrant 10 years to life imprisonment, or even the death penalty in extreme instances.[73] International treaties play a role in shaping responses to cross-border robbery, particularly when linked to organized crime networks. The United Nations Convention against Transnational Organized Crime (UNTOC), adopted in 2000, influences domestic laws by requiring states to criminalize participation in organized criminal groups and promote international cooperation in investigations and extraditions for offenses like robbery that transcend borders, thereby enhancing global efforts against such activities.[74] This framework contrasts with common law approaches by emphasizing multilateral protocols over bilateral extradition treaties.Statistics and Prevalence
Global and National Trends
Global robbery rates exhibited a notable decline of approximately 20-30% between 2000 and 2010 in many reporting countries, as documented by the United Nations Office on Drugs and Crime (UNODC), with the trend continuing through 2020 in developed regions such as Europe and North America.[75] This trend was particularly pronounced in developed regions such as Europe and North America, where police-recorded offences decreased due to enhanced policing strategies, including community-oriented approaches and technological advancements in surveillance. Urbanization also played a role, as concentrated populations enabled more efficient resource allocation for crime prevention and rapid response mechanisms. Post-2020, robbery rates saw further declines during COVID-19 lockdowns but have shown mixed recovery patterns, with some increases in Europe by 2023.[76] In the United States, the Federal Bureau of Investigation's Uniform Crime Reporting (UCR) program indicated that robbery incidents in 2024 were concentrated in urban areas, with metropolitan statistical areas accounting for the majority of reported cases, reflecting higher population density and economic activity. Nationally, robbery decreased by an estimated 8.9% compared to 2023, continuing a longer-term downward trajectory interrupted briefly by pandemic-related fluctuations.[8] In the United Kingdom, the Office for National Statistics (ONS) reported continued declines in robbery offences, with 80,297 recorded in the year ending June 2025, down from 81,840 in the previous year and remaining below pre-2020 levels.[77] Economic factors significantly influence these patterns, with research establishing a positive correlation between income inequality and robbery rates, especially in low-GDP regions where disparities exacerbate motivations for property crimes. For instance, studies across low- and middle-income countries highlight how greater inequality amplifies robbery incidence by heightening relative deprivation among lower socioeconomic groups. Jurisdictional laws can influence reporting consistency, as differing definitions of robbery affect how incidents are categorized and recorded internationally.[78]Reported Incidents and Clearance Rates
Reported incidents of robbery represent only a fraction of actual occurrences worldwide, as underreporting remains a significant challenge. According to the United Nations Office on Drugs and Crime (UNODC), global crime statistics, including robbery, suffer from substantial underreporting estimated at 50-70% for violent crimes, primarily due to victims' fear of retaliation, distrust in police, and perceived ineffectiveness of reporting.[75] This underreporting is corroborated by victimization surveys like the International Crime Victims Survey (ICVS), which highlight that only about 40-50% of robberies are brought to police attention in many countries.[79] In the United States, the National Crime Victimization Survey (NCVS) for 2024 estimated approximately 250,000 robbery incidents, reflecting a victimization rate of roughly 1.0 per 1,000 persons aged 12 or older, though exact figures indicate stability from prior years with minor fluctuations.[80] Of these, about 73% were reported to law enforcement, compared to 48% for overall violent victimizations.[81] Law enforcement clearance rates for reported robberies stood at approximately 25% in 2023, according to FBI Uniform Crime Reporting (UCR) data, with regional variations such as 38.3% in the Northeast and 19.3% in the South; preliminary 2024 figures suggest similar levels amid declining overall violent crime.[82] Technological advancements, particularly closed-circuit television (CCTV) surveillance, have contributed to improved clearance rates in urban areas. In the United Kingdom, cities with extensive CCTV networks reported clearance rates for robberies reaching up to 40%, bolstered by increases in solution rates attributable to video evidence, as evidenced by studies on surveillance impacts.[83] This enhancement contrasts with national averages, where about 50% of robbery cases were closed (though not all by arrest) in the year ending March 2024.Prevention and Law Enforcement
Strategies for Prevention
Community programs play a crucial role in deterring robbery by fostering collective vigilance and modifying the physical environment to reduce opportunities for crime. Neighborhood watch initiatives, which involve residents monitoring and reporting suspicious activities, have been shown to be effective in reducing crime rates, with a review of 19 studies indicating positive outcomes in crime prevention across various settings.[84] These programs build social cohesion and increase the perceived risk to potential offenders without relying on altering their behavior directly.[85] Complementing neighborhood watches, Crime Prevention Through Environmental Design (CPTED) principles emphasize urban planning strategies that enhance natural surveillance, access control, and territorial reinforcement to discourage robbery. For instance, improving lighting, clearing sightlines, and designing secure entry points in commercial areas can significantly reduce robbery incidents, with studies reporting reductions ranging from 30% to 84% in multi-component CPTED implementations targeting high-risk sites like convenience stores.[86] CPTED's effectiveness stems from its focus on environmental modifications that make robbery more difficult and detectable, thereby deterring perpetrators before crimes occur. Recent efforts as of 2024 include AI-enhanced surveillance in urban areas to detect suspicious activities in real-time.[87] On an individual level, personal awareness and precautionary measures can substantially lower the risk of becoming a robbery victim. Key strategies include maintaining situational awareness by avoiding isolated or poorly lit areas, particularly those known for higher robbery prevalence, and traveling in groups when possible.[88] Training programs that teach recognition of potential threats and confident body language further empower individuals, while technological aids such as personal alarms or apps that alert authorities can provide immediate deterrence during encounters.[89] Law enforcement agencies recommend concealing valuables like cash and phones to avoid attracting attention, and using well-lit parking areas with keys in hand to minimize vulnerability.[90] Policy interventions, such as stringent gun control measures, have demonstrated impacts on reducing armed robbery rates by limiting access to weapons commonly used in such crimes. Australia's 1996 National Firearms Agreement, which included a large-scale buyback of over 650,000 firearms, led to a relative decrease of approximately 30% in armed robbery rates compared to control crimes like sexual assault in the one to two years following implementation.[91] This reform highlighted how reducing firearm availability can lower the lethality and incidence of armed robberies, serving as a model for policies aimed at curbing weapon-involved offenses.[92]Prosecution and Sentencing
The prosecution of robbery typically begins with law enforcement investigation, followed by charges filed by a prosecutor based on evidence such as witness statements, surveillance footage, or forensic analysis.[93] In the United States, federal robbery cases, often involving banks or interstate commerce, are prosecuted under statutes like 18 U.S.C. § 2113, requiring proof beyond a reasonable doubt of elements including force, intimidation, or theft from a financial institution.[94] Prosecutors must establish these elements while adhering to principles that prioritize cases with strong evidence and public interest.[95] A significant portion of robbery cases resolves through plea bargains rather than full trials, with over 90% of federal criminal convictions resulting from such agreements to promote efficiency and resource allocation.[96] In plea negotiations, defendants may plead guilty to lesser charges, such as reduced degrees of robbery, in exchange for sentencing recommendations, avoiding the uncertainties of trial.[97] Trials, when pursued, occur before a jury or judge and hinge on evidentiary standards, including the admissibility of eyewitness testimony, which courts scrutinize for reliability due to factors like stress during the crime and memory distortion.[98] Research indicates that eyewitness identifications in robbery cases can lead to erroneous convictions when not corroborated, prompting judicial safeguards such as expert testimony on perceptual limitations.[99] Sentencing for robbery in the U.S. federal system follows the United States Sentencing Guidelines, which assign a base offense level of 20 for non-bank robberies under §2B3.1, adjustable upward for aggravating factors like firearm use (adding 5 levels) or injury to victims.[100] The resulting guideline range, combined with criminal history categories, determines imprisonment terms; for example, a level 20 offense with no prior history yields 33-41 months, while armed bank robberies under 18 U.S.C. § 2113 carry mandatory minimums of 5-20 years, escalating to life if death results. In fiscal year 2024, the average sentence for federal robbery offenders was 110 months, reflecting enhancements for 77.6% of cases involving dangerous weapons.[32] In Europe during the 2020s, reforms have increasingly incorporated restorative justice alternatives to traditional incarceration for robbery offenses, emphasizing victim-offender mediation to address harm and reduce prison populations.[101] Programs in countries like the Netherlands and Belgium allow eligible non-violent robbery cases to proceed via facilitated dialogues, leading to agreements on restitution and community service, which have shown potential to lower recidivism compared to punitive measures.[102] These approaches, supported by Council of Europe recommendations, prioritize rehabilitation over lengthy sentences, aligning with broader efforts to avoid mass incarceration amid stable or declining crime rates.[103]Psychological and Social Aspects
Motivations of Perpetrators
Robbery perpetrators are often driven by economic pressures, including poverty and the need to fund substance addictions. Studies indicate that many offenders commit robbery to obtain quick cash amid chronic financial hardship, with a majority describing themselves as persistently poor and cycling through crises that necessitate immediate funds for basic needs.[104] According to Bureau of Justice Statistics data, offenders convicted of robbery were among those most likely to report committing the crime to secure money for purchasing drugs, highlighting addiction as a key economic motivator.[105] Psychological factors, particularly among younger offenders, can also propel individuals toward robbery, with thrill-seeking and impulsivity playing significant roles. Research in criminology shows that low self-control combined with a motivation for the excitement of the act influences offending, especially in adolescents where the "thrill" of the process overrides rational assessment of risks.[106] Youth robbers often exhibit impulsive traits that amplify their engagement in high-stakes crimes like street or convenience store holdups, driven by a desire for adrenaline rather than solely material gain.[107] Group dynamics further motivate robbery, especially in gang-affiliated contexts where peer pressure reinforces participation. Offenders frequently cite the influence of associates in street groups as a catalyst, with social bonds and expectations within gangs compelling individuals to join in robberies to maintain status or avoid exclusion.[108] In such scenarios, the collective decision-making process normalizes the crime, turning individual hesitation into shared action among peers.[109]Impact on Victims and Society
Robbery inflicts profound short- and long-term trauma on victims, often manifesting as post-traumatic stress disorder (PTSD), anxiety, and depression. Studies on victims of interpersonal violence, including robbery, indicate PTSD prevalence rates ranging from 15% to 38%, with one analysis of bank robbery victims reporting 15% meeting full PTSD criteria and 38% experiencing acute stress disorder symptoms shortly after the incident.[110] The American Psychiatric Association notes that exposure to violent crimes like robbery significantly elevates the risk of PTSD, with symptoms such as hypervigilance, flashbacks, and avoidance behaviors persisting for months or years, disrupting daily functioning and relationships.[111] Economically, victims face direct losses averaging around $1,800 per incident as of 2019, encompassing stolen property, medical expenses, and lost wages, though these figures can vary by robbery type, with residential robberies averaging higher at $2,600.[112] On a societal level, robbery imposes substantial costs, estimated at over $40 billion annually in the United States when accounting for victim medical care, lost productivity, and criminal justice responses.[113] These expenses strain public resources, with healthcare systems bearing a significant burden from treating physical injuries and mental health sequelae; for instance, violent crimes like robbery contribute to billions in emergency and ongoing psychiatric care.[114] Broader community impacts include the erosion of social trust, as repeated exposure to robbery in urban neighborhoods fosters fear and diminishes interpersonal and institutional confidence.[115] This diminished trust can influence migration patterns, prompting residents to relocate from high-crime urban areas; empirical evidence from U.S. cities demonstrates that elevated robbery rates in the 1970s and beyond significantly drove outward migration from central urban zones, altering demographic and economic landscapes.[116] Overall, these effects perpetuate cycles of community disinvestment and heightened vulnerability.Robbery in Popular Culture
Film and Television
The portrayal of robbery in film has evolved significantly, with early examples establishing foundational tropes in the heist genre. John Huston's The Asphalt Jungle (1950) is widely regarded as the archetype of the modern heist film, depicting a meticulously planned jewelry store robbery by a team of specialists—including a mastermind, safecracker, driver, and gunman—while emphasizing the inevitable unraveling due to human flaws and betrayal.[117] This film noir classic influenced subsequent caper stories by focusing on the procedural details of the crime, such as alarm systems and personnel routines, rather than glorifying the act, and it set a template for ensemble casts and tense execution sequences copied in later works like Rififi (1955) and The Killing (1956).[117] In contrast, modern films often glamorize the intellectual and stylistic aspects of robbery, shifting emphasis to elaborate schemes and charismatic perpetrators. Steven Soderbergh's Ocean's Eleven (2001) exemplifies this trend, portraying Danny Ocean's recruitment of a 10-person team to rob three Las Vegas casinos of $150 million through sophisticated planning involving decoys, technical hacks, and synchronized distractions, presented with wit, glamour, and seamless teamwork.[118] The film's cool, fast-paced style revitalized the heist genre, making the robbery appear as an entertaining spectacle of ingenuity rather than a gritty crime, and it inspired a wave of similar high-concept capers in the 2000s.[119] Television has offered more grounded depictions, particularly in serialized dramas that explore robbery's street-level consequences. HBO's The Wire (2002–2008) provides a realistic portrayal of urban robbery through characters like Omar Little, a shotgun-wielding stick-up artist who targets drug dealers in Baltimore, drawing from authentic policing and criminal dynamics to show the precariousness and moral ambiguity of such acts without romanticization.[120] The series' use of real-world-inspired elements, such as wiretaps and surveillance, underscores the everyday violence and systemic factors in street robberies, contrasting sharply with cinematic fantasies.[121] A notable cultural shift in robbery depictions occurred post-1980s, transitioning from straightforward villains to sympathetic anti-heroes who challenge corrupt systems or personal injustices. This evolution reflects broader audience empathy for flawed protagonists, as seen in heist narratives where robbers are recast as clever underdogs outwitting powerful institutions, a trope that gained prominence with films like Reservoir Dogs (1992) and persisted in series emphasizing moral complexity over outright condemnation, such as the Spanish series Money Heist (2017–2021), in which a team of robbers led by "the Professor" executes elaborate heists on Spain's Royal Mint and Bank of Spain, framing their crimes as resistance against economic oppression.[122][123] Such portrayals often loosely reference real-world robbery types, like bank heists or organized thefts, to lend verisimilitude while prioritizing narrative tension.[124]Literature and Other Media
In literature, robbery has long served as a narrative device to explore themes of survival, greed, and social transgression. Daniel Defoe's 1722 novel Moll Flanders portrays the protagonist's descent into theft and robbery as a desperate response to poverty and abandonment, highlighting the blurred lines between criminality and necessity in 18th-century England.[125] Moll's acts, such as stealing fabric and a horse, symbolize her moral degradation while critiquing the era's economic inequalities.[126] In 20th-century hardboiled fiction, Dashiell Hammett's 1930 novel The Maltese Falcon centers on the pursuit of a stolen statuette, intertwining robbery with betrayal and obsession among a cast of morally compromised characters.[127] The story's gritty realism, drawn from Hammett's detective experience, elevates robbery from mere plot mechanism to a lens for examining human avarice and deception.[128] Comics have depicted robbery through iconic antiheroes, notably in the Batman series where Catwoman (Selina Kyle) embodies the cat burglar archetype, executing elaborate heists that challenge Gotham's elite while navigating her complex relationship with Batman. Her thefts often blend thrill-seeking with social rebellion, positioning her as a rogue figure whose crimes disrupt power structures. Video games like the Grand Theft Auto series integrate robbery mechanics as core gameplay elements, allowing players to orchestrate store hold-ups, bank heists, and vehicle thefts in open-world environments that satirize criminal underworlds.[129] These interactive simulations emphasize strategic planning and risk, turning robbery into an engaging, player-driven narrative. Across these media, robber characters frequently exhibit moral ambiguity, portrayed not as outright villains but as products of circumstance or flawed ambition, inviting readers to question the ethics of theft in unjust societies.[130] This nuance, evident from Moll's reluctant crimes to Catwoman's principled larceny, underscores robbery's role in probing deeper societal critiques.References
- https://en.wiktionary.org/wiki/robbery