Page 570 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10273

relative or member of his family or of anyone in his company at the time of the robbery, is
guilty of robbery and shall be punished as a court-martial may direct.
b. Elements.
(1) That the accused wrongfully took certain property from the person or from the possession
and in the presence of a person named or described;
(2) That the taking was against the will of that person;
(3) That the taking was by means of force, violence, or force and violence, or putting the
person in fear of immediate or future injury to that person, a relative, a member of the person's
family, anyone accompanying the person at the time of the robbery, the person's property, or the
property of a relative, family member, or anyone accompanying the person at the time of the
robbery;
(4) That the property belonged to a person named or described; and
(5) That the property was of a certain or of some value.
[Note: If the robbery was committed with a dangerous weapon, add the following element]
(6) That the means of force or violence or of putting the person in fear was a dangerous
weapon.
c. F,xplanation.
(1) Taking in the presence (?f the victim. Tt is not necessary that the property taken be located
within any certain distance of the victim. If persons enter a house and force the owner by threats
to disclose the hiding place of valuables in an adjoining room, and, leaving the owner tied, go
into that room and steal the valuables, they have committed robbery.
(2) Force or violence. For a robbery to be committed by force or violence, there must be
actual force or violence to the person, preceding or accompanying the taking against the person's
will, and it is immaterial that there is no fear engendered in the victim. Any amount of force is
enough to constitute robbery if the force overcomes the actual resistance of the person robbed,
puts the person in such a position that no resistance is made, or su±Iices to overcome the
resistance offered by a chain or other fastening by which the article is attached to the person. The
of:Tense is not robbery if an article is merely snatched from the hand of another or a pocket is
picked by stealth, no other force is used, and the owner is not put in fear. But if resistance is
overcome in snatching the article, there is suf:licient violence, as when an earring is torn from a
person's ear. There is sufficient violence when a person's attention is diverted by being jostled
by a confederate of a pickpocket, who is thus enabled to steal the person's watch, even though
the person had no knowledge of the act; or when a person is knocked insensible and that person's
pockets rifled; or when a guard steals property from the person of a prisoner in the guard's
charge after handcuffing the prisoner on the pretext of preventing escape.
(3) Fear. For a robbery to be committed by putting the victim in fear, there need be no actual
force or violence, but there must be a demonstration of force or menace by which the victim is
placed in such fear that the victim is warranted in making no resistance. The fear must be a
reasonable apprehension of present or future injury, and the taking must occur while the
apprehension exists. The injmy apprehended may be death or bodily injury to the person or to a
relative or family member, or to anyone in the person's company at the time, or it may be the
destruction of the person's habitation or other property or that of a relative or family member or
anyone in the person's company at the time of sufficient gravity to warrant giving up the
property demanded by the assailant
(4) A1ultiple-victim robberies. Robberies of different persons at the same time and place are
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separate offenses and each such robbery should be alleged in a separate specification.

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