1. ROBBERY AND EXTORTION M. Reid California Criminal Law Concepts Chapter 15 1

2. 211 PC ROBBERY 211 PC ROBBERY Taking of Personal Property in the possession of another from his/her person or “________” against his/her will accomplished by means of ____ or _____ 2 presence force fear

3. §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… 3 hire passenger

4. FIRST DEGREE ROBBERY (Continued) 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 degree 4 inhabited any

5. FIRST DEGREE ROBBERY (Continued) 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 degree 5 ATM

6. 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 6 intention

7. §215. (a) "CARJACKING” §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

8. CARJACKING (Continued) 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 8 intent permanently forcefear deprive

9. FIREARMS; ENHANCEMENTS 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 9

10. 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 10 value

11. 15.4 ENHANCEMENTS Use of weapons More than one perpetrator Gang related activity Drug related activity Injury or harm to victims 11

12. §213. (a) PUNISHMENT FOR ROBBERY §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 12 two inhabited

13. 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 13 consent

14. ALSO CALLED “BLACKMAIL” Key issue is the “_______” of the victim 519 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... 14 threat consent

15. 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 15 accuse expose secret

16. §520 PC Every person who extorts any money or other property from another, under circumstances not amounting to robbery or carjacking, by means of _____, or any _____ 16 force threat

17. §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 17 official

18. 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. 18 signature Any

19. 523 PC Every 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 19 threat

20. §660 In 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 20 intent

21. §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 21 threat Extort

22. PC§ 525. Victim is ____ or Dependent ______; Aggravating Circumstance shall be considered a circumstance in aggravation when imposing sentence 22 elder person

23. §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 23 court

24. 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 24 not

25. §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 25 order court