15.1. Robbery

15.1 ROBBERY 812.13, Fla. Stat. To prove the crime of Robbery, the State must prove the following four elements beyond a reasonable doubt: 1. [Name of defendant] took the [money or property described in charge] from the person or custody of [name of victim]. 2. Force, violence, assault, or putting in fear was used in the course of the taking. 3. The property taken was of some value. 4. The taking was with the intent to permanently or temporarily deprive [name of victim] of the right to the property or any benefit from it or appropriate the property of [name of victim] to [name of defendant]s own use or to the use of any person not entitled to it. In the course of the taking ms that the act oean ccurred prior to, contemporaneous with, or subsequent to the taking of the property and that the act and the taking of the property constitute continuous series of acts or events. In order for a taking of property to be robbery, it is not necessary that the person robbed be the actual owner of the property. It is sufficient if the victim has the custody of the property at the time of the offense. The taking must be by the use of force or violence or by assault so as to overcome the resistance of the victim, or by putting the victim in fear so that the victim does not resist. The law does not require that the victim of robbery resist to any particular extent or that the victim offer any actual physical resistance if the circumstances are such that the victim is placed in fear of death or great bodily harm if he or she does resist. But unless prevented by fear there must be som resistance to me ake the taking one done by force or violence. Victim unconscious; give if applicable: It is also robbery if a person, with intent to take the property from a victim, administers any substance to another so that the victim becomes unconscious and then takes the property from the person or custody of the victim. In order for a taking by force, violence or putting in fear to be robbery, it is not necessary that the taking be from the person of the victim. It is sufficient if the property taken is under the actual control of the victim so that it cannot be taken without the use of force, violence or intimidation directed against the victim. <<<<<<<<<********>>>>>>>>>>>>> 2Enhanced penalty; give if applicable: The punishment provided by law for the crime of robbery is greater if "in the course of committing the robbery" the defendant carried some kind of weapon. An act is "in the course of commrobbitting the ery" if it occurs in an attempt to commit robbery or in flight after the attempt or commission. Therefore, if you find the defendant guilty of robbery, you must then consider whether the State has further proved those aggravating circumstances and reflect this in your verdict. With a firearm: If you find that [name of defendant] carried a firearm in the course of committing the robbery, you should find [name of defendant] guilty of robbery with a firearm. With a deadly weapon: If you find that [name of defendant] carried a [deadly weapon described in charge] in the course of committing the robbery and that the [deadly weapon described in charge] was a deadly weapon, you should find [name of defendant] guilty of robbery with a deadly weapon. With other weapon: If you find that [name of defendant] carried a weapon that was not a [firearm] [deadly weapon] in the course of committing the robbery, you should find me of defendant] guilty of robbery with a weapon. With no firearm or weapon: If you find that [name of defendant] carried no firearm or weapon in the course of committing the robbery, but did commit the robbery, you should find e of defendant] guilty only of robbery. A firearm is legally defined as any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term firearm does not include an antique firearm unless the antique firearm is used in the commission of a crime. A weapon is a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm. A weapon is legally defined to meany object that could be used to cause an death or inflict srious bodily harme . Also define attempt.