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Jury Instruction 1000. Robbery

 

The defendant is charged [in Count ] with robbery [in violation of Penal Code section 211].

 

To prove that the defendant is guilty of this crime, the People must prove that:

 

1. The defendant took property that was not (his/her) own;

2. The property was taken from another person’s possession and immediate presence;

3. The property was taken against that person’s will;

4. The defendant used force or fear to take the property or to prevent the person from resisting; AND

5. When the defendant used force or fear to take the property, (he/she) intended (to deprive the owner of it permanently/ [or] to remove it from the owner’s possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property).

 

The defendant’s intent to take the property must have been formed before or during the time (he/she) used force or fear. If the defendant did not form this required intent until after using the force or fear, then (he/she) did not commit robbery.

 

<Give the following bracketed paragraph if the second degree is the only possible degree of the charged crime for which the jury may return a verdict.>

 

[If you find the defendant guilty of robbery, it is robbery of the second degree.]

 

[A person takes something when he or she gains possession of it and moves it some distance. The distance moved may be short.]

 

[The property taken can be of any value, however slight.] [Two or more people may possess something at the same time.]

 

[A person does not have to actually hold or touch something to possess it. It is enough if the person has (control over it/ [or] the right to control it), either personally or through another person.]

 

[A (store/ [or] business) (employee/ <insert description>) who is on duty has possession of the (store/ [or] business) owner’s property.]

 

[Fear, as used here, means fear of (injury to the person himself or herself[,]/ [or] injury to the person’s family or property[,]/ [or] immediate injury to someone else present during the incident or to that person’s property).]

 

[Property is within a person’s immediate presence if it is sufficiently within his or her physical control that he or she could keep possession of it if not prevented by force or fear.]

 

[An act is done against a person’s will if that person does not consent to the act. In order to consent, a person must act freely and voluntarily and know the nature of the act.]

 

[Fear, as used here, means fear of (injury to the person himself or herself[,]/ [or] injury to the person’s family or property[,]/ [or] immediate injury to someone else present during the incident or to that person’s property).]

 

[Property is within a person’s immediate presence if it is sufficiently within his or her physical control that he or she could keep possession of it if not prevented by force or fear.]

 

[An act is done against a person’s will if that person does not consent to the act. In order to consent, a person must act freely and voluntarily and know the nature of the act.]

 

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