T.P.I. -- CRIM. 9.03

ESPECIALLY AGGRAVATED ROBBERY

Any person who commits the offense of especially aggravated robbery is guilty of a crime.

For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:1

(1)  that the defendant knowingly obtained or exercised control over

       property owned by ___________________;

and

(2)  that the defendant did not have the owner's effective consent;

and

(3)  that the defendant intended to deprive the owner of the property;

and

(4)  that the defendant took such property from the person of another by

       the use of violence or by putting the person in fear;

 and

(5)  that the defendant took such property intentionally or knowingly;

and

(6)  that the defendant accomplished this act with a deadly weapon;

and

(7)  that the alleged victim suffered serious bodily injury.


The fear constituting an element of robbery is fear of present personal peril from violence offered or impending.  Resistance of the party robbed is not required.

The taking from the person may be actual or constructive:  it is actual when the taking is immediately from the person, and constructive when in the possession of the person or in the person's presence.2

"Obtain" means to bring about a transfer or purported transfer of property or of a legally recognized interest therein, whether to the defendant or another.3

"Obtain" includes, but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property.4

"Exercise control over property" is defined as the right to direct how property, real or personal, shall be used or disposed.  Generally, one must possess the right of possession in property in order to exercise control over it.  Such possession may be actual or constructive, sole or joint.  Also, one may have the right to control property without having a possessory interest.  In such instances, if the defendant takes some action with the intent to deprive the owner of the property, and the defendant did so knowingly and without the owner's effective consent, the jury would be justified in returning a verdict of guilty.  Anyone who is in a position to take some action that deprives the owner of property is in a position to exercise control.5


"Property" means anything of value, including but not limited to [money] [real estate] [tangible or intangible personal property (including anything severed from land)] [library material] [contract rights] [chose-in-action] [interest in or claim to wealth] [credit] [admission or transportation tickets] [captured or domestic animals] [food and drink] [electric or other power].6

"Owner" means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property.7

"Effective consent" means assent in fact, whether express or apparent, including assent by one legally authorized to act for another.  Consent is not effective when:

     (a)  induced by deception or coercion; or

          (b)  given by a person the defendant knows is not authorized to act as an

           agent; or

     (c)  given by a person who, by reason of youth, mental disease or defect,

           or intoxication, is known by the defendant to be unable to make

           reasonable decisions regarding the subject matter; or

(d)  given solely to detect the commission of an offense.8

"Deprive" means:

     (a)  to withhold property from the owner permanently or for such a period

            of time as to substantially diminish the value or enjoyment of the

            property to the owner; or

     (b)  to withhold property or cause it to be withheld for the purpose of

           restoring it only upon payment of a reward or other compensation; or

(c)  to dispose of property or use or transfer any interest in it under


       circumstances that make its restoration unlikely.9

"Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.10

"Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist.  A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.11

"Deadly weapon" means a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.12

"Serious bodily injury" means bodily injury which involves a substantial risk of death; protracted unconsciousness; extreme physical pain; protracted or obvious disfigurement; or protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty.13

AViolence@ means evidence of physical force unlawfully exercised so as to damage, injure or abuse. [14]

FOOTNOTES

  1.  Tenn. Code Ann. ' 39-13-403(a).


  2.  State v. Miller, 608 S.W.2d 158 (Tenn. Crim. App. 1980);  State v. Howard,

       693 S.W.2d 365 (Tenn. Crim. App. 1985).

  3.  Tenn. Code Ann. ' 39-11-106(a)(24)(A)(i).

  4.  Tenn. Code Ann. ' 39-11-106(a)(24)(B).

  5.  This language comes from Law Revision Commission, Tennessee Criminal

       Code and Code of Criminal Procedure, ' 39-1903 comment (Proposed Final

       Draft 1973).

  6.  Tenn. Code Ann. ' 39-11-106(a)(28).

  7.  Tenn. Code Ann. ' 39-11-106(a)(26).

  8.  Tenn. Code Ann. ' 39-11-106(a)(9).  If relevant, the trial judge may wish to

       define "deception", Tenn. Code Ann. ' 39-11-106(a)(6), and "coercion",

       Tenn. Code Ann. ' 39-11-106(a)(3).

  9.  Tenn. Code Ann. ' 39-11-106(a)(8).

10.  Tenn. Code Ann. ' 39-11-106(a)(18).

11.  Tenn. Code Ann. ' 39-11-106(a)(20).

12.  Tenn. Code Ann. ' 39-11-106(a)(5).

13.  Tenn. Code Ann. ' 39-11-106(a)(33). Some trial judges are of the opinion

       that the definition of "bodily injury", Tenn. Code Ann. ' 39-11-106(a)(2),

       should be given in connection with the definition of "serious bodily injury."

14.  State v. Fitz, 19 S.W.3d 213, 215 (Tenn. 2000).

COMMENTS

1.  Especially aggravated robbery is a Class A felony.  Tenn. Code Ann. ' 39-13-403(b).