§ 211. Robbery defined. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. [1872.] Cal Jur 3d (Rev) Criminal Law §§ 76, 468, 477 et seq., 495, 526, 2319, 2320, 2350, 2543, 2739, 3224, 3230, 3247; Witkin Crimes pp 398, 403, 404, 407; Criminal Procedure pp 180, 554.

§ 211a. [Repealed by Stats 1986 ch 1428 §1.]

§ 212. [What fear may be element in robbery.] The fear mentioned in Section 211 may be either:

1. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or,

2. The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery. [1872; 1873-74 ch 614 § 18; 1963 ch 372 § 3.] Cal Jur 3d (Rev) Criminal Law § 489; Witkin Crimes p 407.

§ 212.5. [First degree robbery; Second degree robbery]

(a) Every robbery of any person who is performing his or her duties as an operator of any bus, taxicab, cable car, streetcar, trackless trolley, or other vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, and used for the transportation of persons for hire, every robbery of any passenger which is perpetrated on any of these vehicles, and every robbery which is perpetrated in an inhabited dwelling house or trailer coach, as defined in the Vehicle Code, or the inhabited portion of any other building, is robbery of the first degree.

(b) All kinds of robbery other than those listed in subdivision (a) are of the second degree. Amended Stats 1987 ch 801 § 1.

§ 213. [Punishment for robbery]

(a) Robbery is punishable as follows:

(1) Robbery of the first degree: by imprisonment in the state prison for three, four, or six years.

(2) Robbery of the second degree: by imprisonment in the state prison for two, three, or five years.

(b) Notwithstanding Section 664, attempted robbery is punishable by imprisonment in the state prison. Added Stats 1986 ch 1428 § 4. Cal Jur 3d (Rev) Criminal Law § 526; Witkin Crimes § 10251 (Supp.).

§ 213.5. [Repealed by Stats 1986 ch 1428 §5.]

SOURCE: Deering's California Penal Code, 1989 Edition