Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 8. OF CRIMES AGAINST THE PERSON / CHAPTER 4. Robbery
California Codes

Cal. Penal Code § 212 (2026)

Robbery

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 27 cases (2 in the last 5 years), 1971–2025 · leading case: State v. Roque, 141 P.3d 368 (Ariz. 2006).
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State v. Roque, 141 P.3d 368 (Ariz. 2006). · cites it 2× “Cal.Penal Code § 212 (West, Westlaw through 2006) (emphases added).”
United States v. Becerril-Lopez, 541 F.3d 881 (9th Cir. 2008). · cites it 2× “” CaLPenal Code § 212. Becerril argues that California’s definition of robbery is overbroad in six ways: (1) it encompasses fear of injury to property; (2) it encompasses fear of any “unlawful injury;” (3) it has no immediacy requirement; (4) it encompasses force or fear…”
People v. Wolcott, 665 P.2d 520 (Cal. 1983). · cites it 2× “" (Pen. Code, § 212.) Although a threat to injure the victim personally may involve an assault, a threat to injure his relatives, family members, or companions would not necessarily take that form.”
United States v. Jose Chavez-Cuevas, 862 F.3d 729 (9th Cir. 2017). · cites it 2× “California Penal Code § 212 defines “fear” in § 211 to mean either 1) the “fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or her family,” or 2) the “fear of an immediate and unlawful injury to the person or property of anyone…”
United States v. Deljuan Bankston, 901 F.3d 1100 (9th Cir. 2018). “” Cal. Penal Code § 212 . So, among other things, “[s]ection 211 .”
United States v. Lesester D. McDougherty AKA Lester Johnson, 920 F.2d 569 (9th Cir. 1990). “” Cal. Penal Code § 212 . This definition of robbery meets the requirements of Guidelines § 4B1.”
People v. Prieto, 15 Cal. App. 4th 210 (Cal. Ct. App. 1993). · cites it 2× “” (Pen. Code, § 212.) The elements of robbery 5 are: (1) a taking (2) of personal property (3) in the possession of another (4) from her person or immediate presence (5) against her will (6) accomplished by means of force or fear (7) with an intent to permanently deprive.”
United States v. Brandon Montiel-Cortes, 849 F.3d 221 (5th Cir. 2017). “Cal. Penal Code § 212 . 16 . Alvarado-Rodriguez, 269 Fed.”
United States v. Tellez-Martinez, 517 F.3d 813 (5th Cir. 2008). “Fear is defined as either the “fear of an unlawful injury to the person or property of the person robbed” or “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.”
United States v. Becerril-Lopez, 528 F.3d 1133 (9th Cir. 2008). · cites it 2× “” Cal.Penal Code § 212. Becerril argues that California’s definition of robbery is overbroad in six ways: (1) it encompasses fear of injury to property; (2) it encompasses fear of any “unlaw *1142 ful injury;” (3) it has no immediacy requirement; (4) it encompasses force or fear…”
United States v. Jose Flores-Mejia, 687 F.3d 1213 (9th Cir. 2012). “at 890-91 (alterations in original) (quoting Cal.Penal Code § 212). We concluded, however, that even if “[tjakings through threats to property and other threats of unlawful injury,” id.”
People v. Washington, 17 Cal. App. 3d 470 (Cal. Ct. App. 1971). · cites it 2× “"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.”
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