MBE Rules · Criminal Law
Robbery
The rule
Larceny from the person or presence of another, by force or threat of immediate harm. Force must occur during the taking or asportation, not after. Threats of future harm = extortion, not robbery.
In plain English
Robbery is stealing something directly from someone using force or the threat of immediate harm. The force or threat must happen while taking the item, not after.
Worked example
The defendant grabs a woman's purse off her shoulder, pushing her to the ground in the process. This is robbery because the force was used during the act of taking the purse.
Memory hook
Robbery: Force first, not last. Larceny with force or threats, but must happen during the act, not after.
The trap
Students think: Any force counts. Wrong, because force must occur during the taking. The actual test is force or threat during larceny or asportation.
How examiners test it
The MBE loves: defendant uses force after taking. Trap: students think it's robbery. Answer: it's not robbery if force is post-taking.
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