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AGGRAVATED ROBBERY 2911.01 1. While committing or attempting to commit or fleeing after a theft offense: a. Have a deadly weapon on person or under.

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Presentation on theme: "AGGRAVATED ROBBERY 2911.01 1. While committing or attempting to commit or fleeing after a theft offense: a. Have a deadly weapon on person or under."— Presentation transcript:

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3 AGGRAVATED ROBBERY While committing or attempting to commit or fleeing after a theft offense: a. Have a deadly weapon on person or under control and display, brandish, indicate possession of or use a weapon OR b. Have a dangerous ordnance on person or under control OR c. Inflict or attempt to inflict serious physical harm

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5 AGGRAVATED ROBBERY No person, without privilege to do so… a. Shall knowingly remove or attempt to remove a deadly weapon from the person of a law enforcement officer… OR… b. Shall knowingly deprive or attempt to deprive a law enforcement officer of a deadly weapon, when both of the following apply: 1. The law enforcement officer, at the time of the removal, attempted deprivation, is acting within the course and scope of the officer’s duties AND… 2. The offender knows or has reasonable cause to know it is a law enforcement officer

6 AGGRAVATED ROBBERY Degree of Offense: F-1 Degree of Offense: F-1 Interpreting Elements Definition of Deadly Weapon—Any instrument, device or thing capable of inflicting death and designed or specially adapted for use as a weapon or possessed, carried or used as a weapon, For example: Gun, Knife, Brass knuckles, or Cane when used offensively Definition of Deadly Weapon—Any instrument, device or thing capable of inflicting death and designed or specially adapted for use as a weapon or possessed, carried or used as a weapon, For example: Gun, Knife, Brass knuckles, or Cane when used offensively

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8 AGGRAVATED ROBBERY Aggravated Robbery includes: Aggravated Robbery includes: 1. Robbery while armed 2. Robbery where offender inflicts or attempts serious personal harm, whether armed or not 3. Rationale—High degree of actual or potential harm The basic element is theft, whether actual or attempted and flight after are all included The basic element is theft, whether actual or attempted and flight after are all included

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10 AGGRAVATED ROBBERY EXAMPLES Shoplifter brandishes a gun during a getaway Shoplifter brandishes a gun during a getaway Purse snatcher who knocks down old lady causing her to break her leg, Purse snatcher who knocks down old lady causing her to break her leg, What if she only gets bruised? What if she only gets bruised? Person who takes someone’s wallet at knifepoint but there is no harm or attempt to harm State v. Crawford (1983) 10 Ohio App 3d Person who takes someone’s wallet at knifepoint but there is no harm or attempt to harm State v. Crawford (1983) 10 Ohio App 3d Toy handgun = “deadly weapon” under ORC because of its possible use as a bludgeon State v. Meek (1978) 53 Ohio St. 2d 35 Toy handgun = “deadly weapon” under ORC because of its possible use as a bludgeon State v. Meek (1978) 53 Ohio St. 2d 35

11 AGGRAVATED ROBBERY EXAMPLES Unloaded gun - “deadly weapon” State v. Davis (1983) 6 Ohio St. 3d 91 Unloaded gun - “deadly weapon” State v. Davis (1983) 6 Ohio St. 3d 91 Pretending to have gun under shirt is sufficient to constitute “threat” of force; objective test as to fear of victim Pretending to have gun under shirt is sufficient to constitute “threat” of force; objective test as to fear of victim Pick-pocket is caught removing a wallet from a person’s back pocket. Upon being noticed, pick- pocket runs Pick-pocket is caught removing a wallet from a person’s back pocket. Upon being noticed, pick- pocket runs As he is running away, he knocks down a bystander, (NOT the victim). Bystander suffers a serious head injury and is hospitalized. Aggravated Robbery? As he is running away, he knocks down a bystander, (NOT the victim). Bystander suffers a serious head injury and is hospitalized. Aggravated Robbery? YES, Division (A) 3 Inflict, or attempt to inflict, serious physical harm on another. YES, Division (A) 3 Inflict, or attempt to inflict, serious physical harm on another.

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14 ROBBERY While committing or attempting to commit theft offense or fleeing there from… a. Have a deadly weapon/dangerous ordnance on person or under control OR b. Inflict, attempt or threaten to inflict physical harm to another OR c. Use or threaten immediate use of force against another Degree of Offense: F-2 or F-3 Degree of Offense: F-2 or F-3

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16 ROBBERY Interpreting Elements Use of force or threat is satisfied if the victim’s fear is reasonable and common experience would cause a person to part with his property against his will. State v. Davis (1983) Use of force or threat is satisfied if the victim’s fear is reasonable and common experience would cause a person to part with his property against his will. State v. Davis (1983) Example: Offender raised his fists against a 67 year old man and demanded the man’s wallet. Threat of force was satisfied. Example: Offender raised his fists against a 67 year old man and demanded the man’s wallet. Threat of force was satisfied.

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18 ROBBERY Victim is passed out due to heavy drinking. Victim is passed out due to heavy drinking. Defendant knows victim has $ in his Pocket. Defendant intends to steal the money, but cannot get to it unless he physically rolls victim to one side. Defendant does so and takes the money. Is it a robbery? Defendant knows victim has $ in his Pocket. Defendant intends to steal the money, but cannot get to it unless he physically rolls victim to one side. Defendant does so and takes the money. Is it a robbery? No, The mere rearrangement of a person’s body does not constitute “force”. State v. Cohen (1978) No, The mere rearrangement of a person’s body does not constitute “force”. State v. Cohen (1978)

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20 AGGRAVATED BURGLARY By force, stealth or deception 1. Trespass in: a. Occupied structure or b. Separately secured and/or occupied portion thereof 2. When another person is present (other than an accomplice) 3. With the purpose to commit any criminal offense

21 AGGRAVATED BURGLARY When the offender: a. Inflicts, attempts or threatens to cause physical harm to a person or b. Has a deadly weapon or dangerous ordnance on person or under control Degree: F-1 Degree: F-1

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23 AGGRAVATED BURGLARY Force: Any violence, compulsion or constraint physically exerted by any means upon or against a person or thing Force: Any violence, compulsion or constraint physically exerted by any means upon or against a person or thing Stealth: 1. Quality or condition of being secret or furtive. 2. The act of stealing when the victim is unaware of the theft. 3. Any secret, sly or clandestine act to avoid discovery AND…4. To gain entrance into or to remain within the residence of another without permission Stealth: 1. Quality or condition of being secret or furtive. 2. The act of stealing when the victim is unaware of the theft. 3. Any secret, sly or clandestine act to avoid discovery AND…4. To gain entrance into or to remain within the residence of another without permission

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25 DECEPTION A Knowingly deceiving another or causing another to be deceived… Knowingly deceiving another or causing another to be deceived… 1. By any false or misleading representation; 2. By withholding information; 3. By preventing another from acquiring information, or… 4. By any other conduct, act or omission that creates, confirms or perpetuates a false impression in another, including a false impression as to law, value, state of mind or other objective or subjective fact

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27 BURGLARY By force, stealth or deception By force, stealth or deception 1. Trespass in occupied structure or separately secured and/or occupied portion… When another is present, other than an accomplice… to commit any criminal offense OR 2. Trespass in an occupied structure and/or separately secured or occupied portion that is a permanent and/or temporary habitation… when a person is present or likely to be… to commit any criminal offense OR

28 BURGLARY Trespass in an occupied structure or separately secured and/or occupied portion… With purpose to commit any criminal offense OR 5. Trespass in a permanent or temporary habitation … when any person is present or likely to be (no offense required) Degree of Offense: F-2, F-3, or F-4 depending on section violated Degree of Offense: F-2, F-3, or F-4 depending on section violated

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30 BURGLARY Interpreting Elements Distinguished from aggravated burglary by: Distinguished from aggravated burglary by: No threat or infliction of injury No threat or infliction of injury No deadly weapon or dangerous ordnance required No deadly weapon or dangerous ordnance requiredExamples Dwelling house whose usual occupant is absent on a prolonged basis. Burglary? Dwelling house whose usual occupant is absent on a prolonged basis. Burglary? YES YES Apartment unit temporarily vacant? Apartment unit temporarily vacant? YES YES

31 BURGLARY A structure which is dedicated and intended for residential use, which is not presently occupied as a person’s habitation but which has neither been permanently abandoned nor vacant for a prolonged period of time can be a structure maintained as a dwelling State v. Green, (1984) A structure which is dedicated and intended for residential use, which is not presently occupied as a person’s habitation but which has neither been permanently abandoned nor vacant for a prolonged period of time can be a structure maintained as a dwelling State v. Green, (1984) The rationale for this is that the persons taking care of the property are likely to be present The rationale for this is that the persons taking care of the property are likely to be present “Likely to be present” is more than mere possibility but less than a certainty “Likely to be present” is more than mere possibility but less than a certainty

32 BURGLARY Estranged husband’s wife has possession and control of their house. He enters without permission and leaves her a threatening note. Estranged husband’s wife has possession and control of their house. He enters without permission and leaves her a threatening note. Is this a burglary or some other crime? Is this a burglary or some other crime? Burglary, DV, Menacing…. Burglary, DV, Menacing….

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34 Burglary or NOT?

35 BREAKING AND ENTERING Division (A) Division (A) 1. By force, stealth or deception 2. Trespass in unoccupied structure 3. With purpose to commit a theft offense or any felony Division (B) Division (B) 1. Trespass on the property of another 2. With purpose to commit felony  Degree of Offense: F-5

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37 BREAKING AND ENTERING Case #1: Does the intent to commit a felony have to be formed before the trespass occurs??? Case #1: Does the intent to commit a felony have to be formed before the trespass occurs??? No—The “purpose to commit a felony” element may be formed while the trespass is in progress. The plan need not be fashioned prior to the trespass No—The “purpose to commit a felony” element may be formed while the trespass is in progress. The plan need not be fashioned prior to the trespass Case #2: A person in an area where she is permitted to be, leaves that area and enters a locked office. Does this constitute Breaking and Entering? Case #2: A person in an area where she is permitted to be, leaves that area and enters a locked office. Does this constitute Breaking and Entering? Yes, they had no permission to enter and were trespassing. Yes, they had no permission to enter and were trespassing.

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39 CRIMINAL TRESPASS Without privilege to do so Without privilege to do so 1. Knowingly enter or remain on the land or premises of another OR 2. Knowingly violate a known restricted access provision on the land or premises of another when offender knows he is in violation of restriction or is reckless in that regard OR

40 CRIMINAL TRESPASS Recklessly enter or remain on land or premises when notice has been given by actual communication in a manner prescribed by law, by posting in a manner reasonably determined to provide said notice or by fencing designed to restrict access OR 4. Negligently fail or refuse to leave the land or premises of another after being told to do so (by owner or representative)  Degree of Offense: M-4

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42 CRIMINAL TRESPASS “Land or premises of another” includes any land, building, structure or place belonging to, controlled by or in custody of another…AND…Any structure enclosure or room or portion thereof “Land or premises of another” includes any land, building, structure or place belonging to, controlled by or in custody of another…AND…Any structure enclosure or room or portion thereof It is no defense to a charge under this section that the land or premises involved was owned, controlled or in custody of a public agency It is no defense to a charge under this section that the land or premises involved was owned, controlled or in custody of a public agency It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when such authorization was secured by deception It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when such authorization was secured by deception

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44 AGGRAVATED TRESPASS Enter or remain 2. On the land or premises of another 3. With purpose to commit a misdemeanor 4. Which will cause another physical harm or the belief that he will be harmed Degree of Offense: M-1 Degree of Offense: M-1

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46 CRIMINAL TRESPASS ON PLACE OF PUBLIC AMUSEMENT a. Without privilege to do so… b. Knowingly…Enter or remain on any restricted portion of a place of public amusement and as a result… c. Interrupt or cause the delay of the live performance, sporting event, or other activity taking place at the place of public amusement… d. After notice of restricted access has been given Degree: M-1

47 CRIMINAL TRESPASS ON PLACE OF PUBLIC AMUSEMENT Reasonable force to restrain and remove a person from a restricted portion of the place of public amusement may be used by Reasonable force to restrain and remove a person from a restricted portion of the place of public amusement may be used by 1. An owner or lessee of a place of public amusement 2. An agent of the owner or lessee 3. A performer or participant

48 SAFECRACKING With purpose to commit an offense 2. Knowingly enter, force entrance into or tamper with 3. Any vault, safe or strongbox Degree of Offense: F-4 Degree of Offense: F-4

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50 SAFECRACKING The law involves a vault, safe or strongbox The law involves a vault, safe or strongbox It does NOT require the use of an instrument, device or explosive to “crack” the safe It does NOT require the use of an instrument, device or explosive to “crack” the safe There is NO requirement that the safe contain anything of value There is NO requirement that the safe contain anything of value It is only necessary that the offender’s purpose is forcing or tampering with the safe or strongbox to commit an offense It is only necessary that the offender’s purpose is forcing or tampering with the safe or strongbox to commit an offense

51 TAMPERING WITH COIN MACHINES With purpose to commit theft or to defraud 2. Knowingly 3. Enter, force entrance into, tamper with or insert an object 4. Into a coin machine Degree of Offense M-1 Degree of Offense M-1 F-5 if prior conviction of any theft offense F-5 if prior conviction of any theft offense

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53 No Duty to Retreat (B) If the person lawfully is in that person’s residence, the person has no duty to retreat before using force in self-defense, defense of another, or defense of that person’s residence, and, (B) If the person lawfully is in that person’s residence, the person has no duty to retreat before using force in self-defense, defense of another, or defense of that person’s residence, and, If the person lawfully is an occupant of that person’s vehicle or lawfully is an occupant in a vehicle owned by an immediate family member of the person, the person has no duty to retreat before using force in self- defense or defense of another. If the person lawfully is an occupant of that person’s vehicle or lawfully is an occupant in a vehicle owned by an immediate family member of the person, the person has no duty to retreat before using force in self- defense or defense of another.

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55 SAFECRACKING The offense carries the degree of F-4 because the act usually involves the offender committing another offense, such as Breaking and Entering The offense carries the degree of F-4 because the act usually involves the offender committing another offense, such as Breaking and Entering Also, this act usually involves some skill or practice on the part of the offender which suggests the offender could be a professional criminal Also, this act usually involves some skill or practice on the part of the offender which suggests the offender could be a professional criminal

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