asportation (as-p[schwa]r-tay-sh[schwa]n), n. The act of carrying away or removing (property or a person). • Asportation is a necessary element of larceny. — Also termed carrying away. See LARCENY. [Cases: Kidnapping 1; Larceny 17; Robbery 10. C.J.S. Kidnapping §§ 1–2; Larceny§ 6; Robbery § 5.] — asport, vb. — asportative, adj. “There is no larceny […]
de pace et roberia (dee pay-see et roh-beer-ee-[schwa]), n. [Law Latin “of breach of peace and robbery”] Hist. A type of criminal appeal used in cases of robbery and breach of the peace.
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A crime against another’s personal property. • The common-law offenses against property were larceny, embezzlement, cheating, cheating by false pretenses, robbery, receiving stolen goods, malicious mischief, forgery, and uttering forged instruments. Although the term crimes against property, a common term in modern usage, includes crimes against real property, the term offense against property is traditionally
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mitigator. A factor tending to show that a criminal defendant, though guilty, is less culpable than the act alone would indicate (the fact that he was coerced into taking part in the robbery may have been a mitigator in the minds of the jurors). Cf. AGGRAVATOR.
stickup. An armed robbery in which the victim is threatened by the use of weapons. — Also termed holdup. See armed robbery under ROBBERY. [Cases: Robbery 11. C.J.S. Robbery §§ 24–28, 79, 82, 90.]
aggravated, adj. 1. (Of a crime) made worse or more serious by circumstances such as violence, the presence of a deadly weapon, or the intent to commit another crime (aggravated robbery). Cf. SIMPLE(1). 2. (Of a tort) made worse or more serious by circumstances such as intention to cause harm or reckless disregard for another’s
A crime that affects commerce; esp., a crime directed toward the property or revenues of a commercial establishment. • Examples include robbery of a business, embezzlement, counterfeiting, forgery, prostitution, illegal gambling, and extortion. See 26 CFR § 403.38.
latrocination (la-tr[schwa]-s[schwa]-nay-sh[schwa]n). [fr. Latin latrocinium “highway robbery”] Archaic. The act of robbing; a depredation; a theft. — Also termed latrociny; latrocinium. See LARCENY; THEFT.
The intent to accomplish the precise criminal act that one is later charged with. • At common law, the specific-intent crimes were robbery, assault, larceny, burglary, forgery, false pretenses, embezzlement, attempt, solicitation, and conspiracy. — Also termed criminal intent. See SPECIFIC-INTENT DEFENSE. [Cases: Criminal Law 20. Criminal Law §§ 31–33, 35–39; Negligence § 913.]
extortion, n. 1. The offense committed by a public official who illegally obtains property under the color of office; esp., an official’s collection of an unlawful fee. — Also termed common-law extortion. [Cases: Extortion and Threats 1.] “The dividing line between bribery and extortion is shadowy. If one other than the officer corruptly takes the