Also known as: in course of committing a theft · during the course of a theft · robbery element · theft timing
Written by attorneys · grounded in primary & secondary sources — see below
A temporal scope that encompasses conduct occurring during an attempt to commit theft, the commission of the theft itself, or immediate flight after the attempt or commission. This scope determines whether force or threats used to retain stolen property or escape elevate a theft to robbery.
Devin stuffs game consoles into his backpack at an electronics store and heads for the exit. When manager Carlos blocks the door, Devin raises a box cutter to Carlos's throat and threatens to cut him if he does not move. Carlos steps aside, allowing Devin to leave with the consoles.
Peter takes Vincent's custom guitar from a backstage area after a concert and places it in a hard-shell case. When Vincent blocks the doorway and demands an explanation, Peter swings the heavy case into Vincent's face, fracturing orbital bones and causing permanent vision loss, then runs away still carrying the guitar.
Select any source to read its text and confirm it supports the definition.
Yes. The definition includes any act that occurs in flight after the commission of the theft, so a threat used to retain the property or escape qualifies as occurring in the course of committing a theft.
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No. The phrase covers the full period of attempt, taking, and flight, and robbery can be established by a threat of immediate serious bodily injury even without actual contact or injury.
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The phrase supplies the temporal connection required for any aggravating act. When serious bodily injury is actually inflicted during that period, the offense becomes a first-degree felony rather than second-degree.
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