What is the test for second degree robbery?

California, United States of America


The following excerpt is from People v. Curtis, G043681, Super. Ct. No. 07NF2542 (Cal. App. 2011):

To establish the offense of second degree robbery, the prosecution must prove "(1) the victim had possession of property of some value, (2) the property was taken from the victim or his or her personal presence, (3) the property was taken against the will of the victim, (4) the taking was by either force or fear, and (5) the property was taken with the specific intent to permanently deprive the victim of the property." (People v. Magee (2003) 107 Cal.App.4th 188, 195, fn. 4.)

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