Does the use of force or fear to escape and otherwise retain even temporary possession of property constitute robbery?

California, United States of America


The following excerpt is from People v. Alcantar, 2d Crim. No. B293484 (Cal. App. 2020):

Alcantar argues the third sentence of special instruction #1 ("the use of force or fear to escape and otherwise retain even temporary possession of the property constitutes robbery") is ambiguous because "[i]t is unclear what 'otherwise retain' means in relation to escape, which of course is the only circumstance that would escalate the theft to a robbery." We disagree. While a robbery continues until the robber reaches a place of temporary safety, its commission does not require the robber to escape with the property. (People v. Pham (1993) 15 Cal.App.4th 61, 65-68.)

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