ROBBERY IN THE SECOND DEGREE - ELEMENTS
No person may be convicted of robbery in the second degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Third, carrying away;
Fourth, personal property;
Fifth, of another;
Sixth, from the person/(immediate presence) of another;
Seventh, by force/fear.
Statutory Authority: 21 O.S. 1991, §§ 791, 794, 797.
The elements of second-degree robbery are identical to the elements of first-degree robbery, except for the seventh element. The seventh element indicates that the means used to obtain the property can be force or fear. Although the district attorney would usually choose to prosecute for first-degree robbery if force were used, the conviction for second-degree robbery should stand if the evidence indicates the use of force. Moreover, the fear which establishes second-degree robbery is not limited to fear of immediate injury, as is the case with robbery in the first degree. Any definition of fear as given by section 794 is sufficient to support a conviction for robbery in the second degree. Second-degree robbery is, therefore, a lesser included offense of first-degree robbery.
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