#Extortion vs coercion code#

Moto walked toward where Vesotski lay in bed and told him to go back to sleep, “otherwise he was going to kill. Vesotski awoke to find a man fumbling with the computer on his desk, which was ten to twelve feet from his bed. In the early morning hours, Kenneth Moto entered Jacob Vesotski’s home near downtown Anchorage. In other words, robbery does not require the force to be used prior to, or while taking the property, but includes force used after the theft. A defendant who commits a shoplift and then assaults the security guard in an effort to keep the stolen property commits a robbery. However, if a person uses force to retain property after a theft, the defendant is guilty of robbery. We explore theft, including theft from the person, in more detail in the next chapter. Scott, Jr., Substantive Criminal Law, § 8.11(d)(1), p. 2002) abrogated on other grounds by Timothy v. On the other hand, when the owner, aware of an impending snatching, resists it, or when the thief’s first attempt … to separate the owner from his property a struggle … is necessary before the thief can get possession, there is enough force to make the taking robbery. The great weight of authority, however, supports the view that there is not sufficient force to constitute robbery … the thief snatches property from the owner’s grasp so suddenly that the owner cannot offer any resistance to the taking. The “snatching” cases, for instance, have given rise to some disputes. The line between robbery and from the person … is not always easy to draw. Purse-snatching may not be robbery depending on the force (or lack thereof) used. To constitute a robbery, the struggle must be something beyond a “sudden” theft. When the force used is truly incidental, there is no robbery. For example, a pickpocket may intentionally bump into a victim in an effort to distract the victim from a surreptitious theft. It is not uncommon that a thief will use “force” to effectuate a theft. Some thefts may involve incidental or minimal force. For example, if a couple is “mugged” in a dark alley, the defendant is guilty of robbery if he uses force against one person to cause the other person to surrender the property.

A robbery is committed, not only when the defendant uses force upon the person who possesses the property, but whenever a defendant uses force upon any person with the intent to accomplish the theft. A defendant commits attempted robbery if the defendant takes a substantial step towards the commission of the offense, but prior to the use of force.įinally, the force used need not be directed at the property owner. That is not to say a defendant cannot also commit the crime of attempted robbery, but once the defendant uses force, a completed robbery has occurred, regardless of whether the taking was successful. The robbery statutes criminalize unsuccessful attempts to take property to the same extent as successful takings. A defendant can be convicted of robbery even if it turns out that, unbeknownst to the defendant, the victim had an “empty pocket” – that is, the victim did not possess the property being sought.

#Extortion vs coercion code#

The robbery statute focuses on the dangers associated with the use (or threat) of force during the theft.įigure 10.5 Alaska Criminal Code – First-Degree RobberyĪlthough we generally focus on successful robberies, a defendant need not be successful to be guilty of robbery. Thus, all “armed” robberies – regardless of whether the defendant actually possessed a weapon – constitute first-degree robbery. First-degree robbery also encompasses the representation that the defendant is armed. Note that the defendant need not actually be armed. 2018).įirst-degree robbery requires special circumstances to be present – such as the defendant being armed with a weapon or causing serious physical injury during the robbery. Collins used force against Tammy when he took control of her hands. Under this scenario, Collins has likely committed the crime of second-degree robbery. At the same time, Collins calmly asks Tammy where the money is. Collins forces T.M.’s hands down on the counter. He immediately walks behind the service counter and stands next to Tammy. Soon thereafter, Collins re-enters the salon. A little later, the salon’s last customer leaves. Collins poses as a potential customer and asks Tammy to show him around the facility. At that time, there was one employee on duty: a young woman named Tammy. Collins enters the tanning salon around 10:00 in the evening, just before the salon’s closing time. Collins decides to take money from the local tanning salon. Collins decides he needs money, but does not want to hurt anyone.