Robbery and burglary are frequently mixed up, but carry a very distinct difference. Both involve the theft of property, but the difference is whether or not a person (victim) was present. Robbery is a crime against a person involving force, violence, or threat that poses a risk of injury or death to the robbery victim or other innocent bystanders. Robbery is different from burglary, which we will discuss in Chapter 8, because of the involvement of a person (victim being present) when committing the crime.

The actus reus (criminal act) element required for robbery is a taking of personal property from someone by force or threat of force. Actual force is usually physical and can be small or big as long as it is enough to gain control over and move the property. Threat of force also counts and can be as subtle as a scary look on the face of the person taking your property from you without your permission. There is a lot of wiggle room in the laws regarding robbery as they apply to force, but the main distinction is that a victim is present and something is taken from them.

7.9.1 Degrees of Robbery

The degrees of robbery are determined by weapons (real or not) and whether or not the robber is alone. There are three degrees for robbery (first, second, and third). First-degree robbery involves the perpetrator being armed with a deadly weapon, using (or trying to use) that weapon, and causing (or trying to cause) serious physical injury to the victim (ORS 164.415). Second-degree robbery involves pretending or claiming to have a deadly weapon (“by word or conduct”), but not actually showing or using a weapon. Think of someone in a baggy hoodie claiming to have a gun in the pocket of their sweatshirt. Also, second-degree robbery is one in which the perpetrator is “aided by another person actually present” (ORS 164.405). If the robber’s friend is standing next to them, they together are considered more of a threat than if the perpetrator was alone. Finally, third-degree robbery is simply taking property from someone without their permission (ORS 164.395).