Robbery and Burglary

Question 1

What is common law robbery?

Answer 1

Larceny + The taking of the property from the person or presence of the victim + By means of force or threats of imminent force.

Question 2

What is MPC Robbery?

Answer 2

A theft plus inflicting or threatening with fear of serious bodily injury suffices.
MPC does not require a forcible taking from the person or presence of the victim.

Question 3

What is Illinois Robbery?

Answer 3

A person commits the offense of robbery when he [intentionally, knowingly, recklessly] takes property from the person or the presence of another by the use of force or by threatening the imminent use of force.

Question 4

What is the Illinois Vehicular Hijacking Statute?

Answer 4

A person commits the offense of vehicular hijacking when he [intentionally, knowingly, recklessly] takes a motor vehicle from the person or the immediate presence of another by the use of force or by threatening the imminent use of force.

Question 5

What is the Federal Carjacking Statute?

Answer 5

“The prosecutor must prove that the defendant:

1) with intent to cause death or serious bodily harm
2) took a motor vehicle;
3) that had been transported, shipped, or received in interstate or foreign commerce;
4) from the person or presence of another;
5) by force or violence or by intimidation.”

Question 6

What is the Illinois Burglary- Unauthorized Entry statute?

Answer 6

Burglary is committed when a person unlawfully enters another property with the INTENT to commit an offense.

Question 7

What does Person or Presence mean for robbery or burglary?

Answer 7

Presence means within the reach, observation, or control of the victim. It is not so much a matter of eyesight as it is one of proximity and control.