(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, a vessel as defined in Section 21 of the Harbors and Navigation Code which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code which is inhabited, or the inhabited portion of any other building is robbery of the first degree.
(b)Every robbery of any person while using an automated teller machine or immediately after the person has used an automated teller machine and is in the vicinity of the automated teller machine is robbery of the first degree.
(c)All kinds of robbery other than those listed in subdivisions (a) and (b) are of the second degree.
Notes of Decisions
Cited in
129
cases (
58 in the last 5 years), 1990–2026 · leading case:
People v. Swain, 909 P.2d 994 (Cal. 1996).
People v. Swain, 909 P.2d 994 (Cal. 1996).
· cites it 2× “(Pen. Code, § 212.5.) Thus, the fact that conspiracies to commit crimes other than murder may also reflect a premeditated and deliberate intent to commit the underlying crime does not support a similar "presumption" that the crime, if committed, would be in the first degree.”
People v. Cortez, 960 P.2d 537 (Cal. 1998).
· cites it 2× “(Pen. Code, §§ 212.5, 460.) Thus, the fact that conspiracies to commit crimes other than murder may also reflect a premeditated and deliberate intent to commit the underlying crime does not support a similar "presumption" that the crime, if committed, would be in the first…”
People v. Ruff, 244 Cal. App. 4th 935 (Cal. Ct. App. 2016).
“(Pen. Code, § 212.5, subd. (c) ; see id. , § 211.”
People v. Ervin, 53 Cal. App. 4th 1323 (Cal. Ct. App. 1997).
· cites it 3× “(Pen. Code, § 212.5, subd. (c).) The Legislature has determined that when a victim is robbed while using or immediately after using an automated teller machine (ATM), and the victim is in the vicinity of the ATM, that robbery will be in the first degree.”
People v. Quiles, 177 Cal. App. 4th 612 (Cal. Ct. App. 2009).
· cites it 3× “(c)) on October 8, 2005; counts two, three, four, and nine, second degree robbery (Pen. Code, § 212.5) on October 18, 2005; counts six and eleven, assault with a firearm (Pen.”
People v. Ramos, 50 Cal. App. 4th 810 (Cal. Ct. App. 1996).
“The defendant, Sabino Ramos, was charged with eight counts of second degree robbery (Pen. Code, § 212.5, subd. (c)); [1] three counts of assault with a firearm against some of the robbery victims (§ 245, subd.”
People v. Melendez, 224 Cal. App. 3d 1420 (Cal. Ct. App. 1990).
“Guzman were tried jointly for the second degree robbery of Michael Shirher (count I, Pen. Code, § 212.5, subd. (b)) and an assault with a deadly weapon upon Steve Herrera (count II, Pen.”
Theodore A. Weston v. Peg Kernan, 50 F.3d 633 (9th Cir. 1995).
“Penal Code 288a(c)), one count of robbery (Cal.Penal Code § 212.5(b)), and kidnapping for the purpose of committing the offense (Cal.”
People v. Bekele, 33 Cal. App. 4th 1457 (Cal. Ct. App. 1995).
“A jury convicted Bekele of robbery of Fernandez (Pen. Code, § 212.5), assault with a firearm upon Fernandez (Pen.”
People v. Dorsey, 34 Cal. App. 4th 694 (Cal. Ct. App. 1995).
“Appellants Hall and Dorsey were charged in counts II (B arietta) and IV (Berman) with second degree robbery (Pen. Code, § 212.5, subd. (b)) 3 and in count III (Barletta) with assault with force likely to produce great bodily injury (§ 245, subd.”
People v. Christopher R., 859 P.2d 1301 (Cal. 1993).
· cites it 2× “It did so because it fixed the degree of the robbery at the first (Pen. Code, § 212.5, subd. (a)) rather than the second (id.”
Cal. Penal Code § 212.5(a): 1 case
Cal. Penal Code § 212.5(b): 1 case
Theodore A. Weston v. Peg Kernan, 50 F.3d 633 (9th Cir. 1995).
“Penal Code 288a(c)), one count of robbery (Cal.Penal Code § 212.5(b)), and kidnapping for the purpose of committing the offense (Cal.”
Cal. Penal Code § 212.5(c): 2 cases
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