Offenses Against Property

ORS 164.395
Robbery in the third degree


(1)

A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft or unauthorized use of a vehicle as defined in ORS 164.135 (Unauthorized use of a vehicle) the person uses or threatens the immediate use of physical force upon another person with the intent of:

(a)

Preventing or overcoming resistance to the taking of the property or to retention thereof immediately after the taking; or

(b)

Compelling the owner of such property or another person to deliver the property or to engage in other conduct which might aid in the commission of the theft or unauthorized use of a vehicle.

(2)

Robbery in the third degree is a Class C felony. [1971 c.743 §148; 2003 c.357 §1]

Notes of Decisions

Physical force employed by the defendant was sufficiently close in space and time to theft to be characterized as an attempt to prevent or overcome resistance to his retention of stolen property immediately after taking. State v. Rios, 24 Or App 393, 545 P2d 609 (1976); State v. Tolson, 24 Or App 657, 546 P2d 1115 (1976)

Where defendant pointed pistol at and obtained money from each of four bank tellers in succession there occurred four separate robbery offenses and defendant was properly sentenced on each conviction. State v. Dillman, 34 Or App 937, 580 P2d 567 (1978), Sup Ct review denied

Where defendant abandoned his attempt to commit theft prior to use of force against owner of property, acts did not come within definition of robbery in this section. State v. Jackson, 40 Or App 759, 596 P2d 600 (1979)

Under evidence that defendant used threats and force to disarm police officer and fled with officer's gun, intent to permanently deprive owner of possession of property could be inferred and sufficient evidence of theft element of this section was present. State v. Skaggs, 42 Or App 763, 601 P2d 862 (1979)

Evidence that defendant discharged fire extinguisher at security officer, who was approximately nine feet from him, was sufficient to be submitted to jury on issue of use of physical force to prevent resistance to theft. State v. Clark, 47 Or App 557, 615 P2d 1044 (1980)

Where victim testified that defendant grabbed at her purse and told her to give it to him, evidence was sufficient to permit jury to find defendant used force with intention of preventing or overcoming victim's resistance and such force was sufficient to constitute robbery in third degree under this section. State v. Williams, 58 Or App 398, 648 P2d 1354 (1982)

Where record contained evidence from which rational jury could infer that defendant threatened, expressly or impliedly, to use physical force against another, trial court did not err in denying defendant's motion for acquittal. State v. Odoms, 117 Or App 1, 844 P2d 217 (1992), Sup Ct review denied

Threat is made implicitly where context of demand causes victim to reasonably infer that immediate physical force will be used if demand refused. State v. Hall, 327 Or 568, 966 P2d 208 (1998)

Whether person uses "physical force" depends on intent of person using force, not extent to which victim perceives use of force. State v. Johnson, 215 Or App 1, 168 P3d 312 (2007), Sup Ct review denied

To be victim of crime of robbery, person does not need to own property that is taken. State v. Williams, 229 Or App 79, 209 P3d 842 (2009), Sup Ct review denied; State v. Hamilton, 348 Or 371, 233 P3d 432 (2010)

When defendant fled from taxi cab without paying for taxi ride, defendant did not did not take "property" which is requirement to commit offense of third-degree robbery under this section. State v. Bartlett, 270 Or App 37, 346 P3d 1240 (2015)

Law Review Citations

87 OLR 783 (2008)

§§ 164.395 to 164.415

Notes of Decisions

Trial court properly admitted two handguns found in defendant's possession shortly after alleged commission of crimes of kidnapping and robbery, where crimes were committed with aid of a handgun. State v. Manning, 39 Or App 279, 591 P2d 1195 (1979)

Chapter 164

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021