ROBBERY AND EXTORTION

M. ReidCalifornia Criminal Law Concepts Chapter 15

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211 PC ROBBERY

Taking of Personal Property in the possession of another from his/her person or “________”

against his/her willaccomplished by means of

____ or _____

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presence

forcefear

§212.5. (A) DEGREES OF ROBBERY• Every robbery of any person

who is involved in the transportation of persons for ____, and• every robbery of any

_________ which is perpetrated on any of these vehicles, and…

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hire

passenger

FIRST DEGREE ROBBERY (Continued)

Every robbery which is perpetrated in:

An ________ dwelling house,

an inhabited vessel, floating home, a trailer coach, or

The inhabited portion of ___ other building

is robbery of the first degree4

inhabited

any

FIRST DEGREE ROBBERY (Continued)

Every robbery:Of any person while using an

____ or immediately after the person has used an automated teller machine

And is in the vicinity of the automated teller machine is robbery of the first degree.

All others = 2nd degree5

ATM

ROBBING TRAINS

§214. Every person who goes upon or boards any railroad train, car or engine,

with the ________ of robbing any passenger

or other person on such train...

Felony

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intention

§215. (a) "CARJACKING”

Is the felonious ______ of a motor vehicle

in the possession of another, from his or her person or immediate presence, or

from the person or immediate ________ of a passenger of the motor vehicle,

against his or her will and…7

taking

presence

CARJACKING (Continued)

with the _____ to either___________ or temporarily

_______ the person of his or her possession,

accomplished by means of _____ or ____

Punishable by imprisonment in the state prison for a term of three, five, or nine years

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intentpermanently

force fear

deprive

FIREARMS; ENHANCEMENTS

Sections such as PC 12022 or 12022.5, being armed and using a firearm in commission of felony, would also be considered for enhancing punishments;

• 12022 PC = (Armed) (2) one, two, or three years.

• 12022.5 PC = (Using firearm) 3, 4, or 10 years and..

• Personally uses a firearm in listed felonies; (See section) – 10 years

• Personally discharging the firearm 20 years

• Personally discharging the firearm which results in GBI or death to anyone other than an accomplice... 25 to life

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OWNERSHIP AND VALUE OF PROPERTY

• The _____ of the property taken is not a consideration of the crime of robbery

• It also doesn’t matter who “owns” the property as long as the “taking” is from the person or immediate presence.

• Note this difference from grand theft “from the person” pc 487

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value

15.4 ENHANCEMENTS

• Use of weapons• More than one perpetrator• Gang related activity• Drug related activity• Injury or harm to victims

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§213. (a) PUNISHMENT FOR ROBBERY

• (A) If the defendant, voluntarily acting in concert with… ____ or more other persons,

• commits the robbery within an ________ dwelling house, a vessel, floating home, a trailer coach, or the inhabited portion of any other building, 3 to 9 years.

• 5 yrs. For 2nd degree

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two

inhabited

15.6 EXTORTION§518. Extortion is the obtaining of property from another,

with his/her _______, or the obtaining of an official

act of a public officer, induced by a wrongful use of

force or fear, or under color of official right

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consent

ALSO CALLED “BLACKMAIL”

Key issue is the “_______” of the victim519 PC; Fear, such as will constitute extortion, may be induced by a _____, either:

To do an unlawful injury to the person or property of the individual threatened or of a third person; or...

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threat

consent

To ______ the individual threatened, or any relative or member of his/her family, of any crime; or,

To ______, or to impute to him/her or them any deformity, disgrace or crime; or,

To expose any _____ affecting him/her or them

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accuse

expose

secret

§520 PCEvery person who extorts any money or other property from another,

under circumstances not amounting to robbery or carjacking,

by means of _____, or any _____

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forcethreat

§521 PC

Every person who commits any extortion

under color of ______ right, in cases for which a different

punishment is not prescribed in this Code,

is guilty of a misdemeanor

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official

522 PC• Every person who, by any

extortionate means, obtains from another his ________ to any paper or instrument, whereby, if such signature were freely given,

• ____ property would be transferred, or any debt, demand, charge, or right of action created,

• is punishable in the same manner as if the actual delivery of such debt, demand, charge, or right of action were obtained.

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signature

Any

523 PCEvery person who, with intent to extort any money or other property from another,

sends or delivers to any person any letter or other writing, whether subscribed or not,

expressing or implying, or adapted to imply, any ______,

is punishable in the same manner as if such money or property were actually obtained by means of such threat

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threat

§660In the various cases in which the sending of a letter is made criminal by this Code, the offense is deemed complete...

From the time when such letter is deposited in any post office or any other place, or

Delivered to any person, with the _____ that it shall be forwarded

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intent

§524. PC

Every person who attempts, by means of any _____, such as is specified in Section 519 of this code, to

______ money or other property from another

Felony

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threat

Extort

PC§ 525.

• Victim is ____ or Dependent ______;

• Aggravating Circumstance shall be considered a circumstance in aggravation when imposing sentence

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elderperson

§526.• Any person, who, with intent to

obtain from another person any money, article of personal property or other thing of value,

• delivers or causes to be delivered to the other person any paper, document or written, typed or printed form

• purporting to be an order or other process of a _____, or designed or calculated by its writing, typing or printing, or the arrangement thereof

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court

• To cause or lead the other person to believe it to be an order or other process of a court, when in fact such paper, document or written, typed or printed form is ___ an order or process of a court,

• Is guilty of a misdemeanor, and each separate delivery of any paper, document or written, typed or printed form shall constitute a separate offense

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not

§527• Any person who shall sell or offer

for sale, print, publish, or distribute any paper, document or written, typed or printed form, designed or calculated by its writing, typing or printing, or the arrangement thereof, to cause or lead any person to believe it to be, or that it will be used as an _____ or other process of a _____... Misdemeanor

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ordercourt