MPC § 222.1: Robbery
What does Robbery (Model Penal Code) provide?
Section 222.1 defines robbery under the MPC. A person is guilty of robbery if, in the course of committing a theft, they inflict serious bodily injury upon another, threaten another with or purposely put another in fear of immediate serious bodily injury, or commit or threaten immediately to commit any felony of the first or second degree. An act is "in the course of committing a theft" if it occurs in an attempt to commit theft or in flight after the attempt or commission. Robbery is a felony of the second degree, except that it is a felony of the first degree if the actor attempts to kill anyone or purposely inflicts or attempts to inflict serious bodily injury.
Source: Model Penal Code § 222.1
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Summary
Section 222.1 defines robbery under the MPC. A person is guilty of robbery if, in the course of committing a theft, they inflict serious bodily injury upon another, threaten another with or purposely put another in fear of immediate serious bodily injury, or commit or threaten immediately to commit any felony of the first or second degree. An act is "in the course of committing a theft" if it occurs in an attempt to commit theft or in flight after the attempt or commission. Robbery is a felony of the second degree, except that it is a felony of the first degree if the actor attempts to kill anyone or purposely inflicts or attempts to inflict serious bodily injury.
The MPC's robbery definition is notably narrower than common law in one key respect: it requires serious bodily injury or the threat thereof, rather than any force or threat of force. Under common law, even slight force (such as a purse snatching) could constitute robbery. Under the MPC, the force or threat must involve serious bodily injury or a first- or second-degree felony. This higher threshold means some conduct that would be robbery at common law is instead theft under the MPC.
The inclusion of flight in the "course of committing a theft" is significant. If a thief uses force only after being caught and while trying to escape, the conduct still constitutes robbery under the MPC. This codifies and clarifies what had been an uncertain area in common law, where some jurisdictions held that force used only to escape was not robbery because the theft was already complete.
Key Provisions
4 essential provisions of § 222.1
Robbery: theft plus inflicting serious bodily injury, threatening immediate serious bodily injury, or committing/threatening a first- or second-degree felony
"In the course of committing a theft" includes attempt, commission, and flight after the attempt or commission
Second-degree felony; first-degree if actor attempts to kill or inflicts/attempts to inflict serious bodily injury
Requires serious bodily injury or threat thereof — mere force insufficient
MPC vs. Common Law
How the MPC approach to robbery differs from common law
Common law robbery was larceny from a person or in their presence accomplished by force or threat of immediate force. The MPC differs in several respects. The common law force requirement was minimal — snatching a purse or jostling someone to pick their pocket could suffice. The MPC requires serious bodily injury or the threat thereof, setting a much higher bar. Common law also typically required that the force be used to accomplish the taking, with uncertainty about force used to retain property or escape; the MPC resolves this by including flight within the definition. The grading structure also differs: common law treated all robbery as a serious felony (often distinguished by degrees based on weapon use), while the MPC uses the specific-harm-based grading of second degree generally and first degree for particularly dangerous conduct. The MPC's approach means that some common law robberies (those involving minor force) are prosecuted as theft rather than robbery.
Exam Relevance
How § 222.1 appears on criminal law exams
Robbery is tested as a standalone offense and in the felony murder context. Key exam issues: (1) Whether the force or threat rises to the level of serious bodily injury — the MPC threshold is higher than common law; (2) The timing of force — did it occur during the theft, attempt, or flight? Under the MPC, force during flight counts; (3) Grading — first degree requires an attempt to kill or purposeful infliction of serious bodily injury; (4) Robbery is an enumerated felony for the MPC's felony murder presumption under Section 210.2; (5) Students should compare with common law on the force threshold and the flight issue. A common trap: a purse snatching that would be robbery at common law may only be theft under the MPC if no serious bodily injury or threat thereof is involved.
Related Sections
Sections frequently studied alongside § 222.1