| ROBBERY (MORE ON EACH) � TAKING AND CARRYING AWAY PROPERTY OF ANOTHER � FROM THE VICTIM OR IMMEDIATE PRESENCE � WITHOUT CONSENT � BY FORCE OR FEAR TAKING AND CARRYING AWAY PROPERTY OF ANOTHER � INCLUDES ASPORTATION (WHICH MAY BE CONSTRUCTIVE) � THEFT IS LESSER AND INCLUDED IN ROBBERY � THEFT IS A SPECIFIC INTENT CRIME, SO ROBBERY IS TOO FROM THE VICTIM OR IMMEDIATE PRESENCE � NEED NOT BE FROM VICTIM IF VICTIM RESTRAINED BY FORCE OR FEAR WITHOUT CONSENT � EXTORTION (TO FOLLOW) INCLUDES THE VICTIM�S CONSENT � VICTIM MUST BE CONSCIOUS � WITHOUT CONSCIOUSNESS, THE CRIME IS GRAND THEFT, PERSON BY FORCE OR FEAR � NOT MERELY FROM ANOTHER PERSON (SEE GRAND THEFT) � MUST OVERCOME RESISTANCE (�STRONG-ARMED� ROBBERY) FEAR IN ROBBERY � FEAR INCLUDES VIOLENCE AND THREATS OF VIOLENCE � TO VICTIM, VICTIM�S RELATIVE, VICTIM�S PROPERTY OR PERSON WITH VICTIM � MUST BE IMMEDIATE FEAR (CONTRAST WITH EXTORTION TO FOLLOW) DEGREES OF ROBBERY � NOT WHO OR HOW MUCH, BUT WHERE � ROBBERY ON ANY PUBLIC TRANSPORTATION, ROBBERY IN ANY DWELLING (AS DEFINED IN BURGLARY) AND ROBBERY AT AN ATM = FIRST DEGREE � ANY ROBBERY NOT OF THE FIRST DEGREE IS OF THE SECOND DEGREE EXTORTION (MORE FOLLOWS) � STILL TAKING BY FORCE OR FEAR... BUT � DIFFERENT THREATS...AND � DIFFERENT IMMEDIACY...AND � �CONSENT� EXISTS IN EXTORTION THREATS IN EXTORTION � THREAT TO DO FUTURE INJURY, DAMAGE � THREAT TO VICTIM OR A THIRD PARTY NOT THERE (VICTIM OR SOMEONE WITH VICTIM IN ROBBERY) � OR THREAT TO EXPOSE DEFORMITY, CRIME, ANY SECRET |
||