NRS
200.380 Definition; penalty.
1. Robbery is the unlawful taking of
personal property from the person of another, or in the person’s presence,
against his or her will, by means of force or violence or fear of injury,
immediate or future, to his or her person, or the person of a member of his or
her family, or of anyone in his or her company at the time of the robbery. A
taking is by means of force or fear if force or fear is used to:
(a) Obtain or retain possession of the property;
(b) Prevent or overcome resistance to the taking;
or
(c) Facilitate escape.
Ê The degree
of force used is immaterial if it is used to compel acquiescence to the taking
of or escaping with the property. A taking constitutes robbery whenever it
appears that, although the taking was fully completed without the knowledge of
the person from whom taken, such knowledge was prevented by the use of force or
fear.
2. A person who commits robbery is guilty
of a category B felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 2 years and a maximum term of not
more than 15 years.
[1911 C&P § 162; RL § 6427; NCL § 10109]—(NRS A 1961,
53; 1967,
470; 1993,
253; 1995,
1187; 2019,
408)
ATTEMPTS TO KILL
Notes of Decisions
United States v. Brandon Montiel-Cortes, 849 F.3d 221 (5th Cir. 2017).
· cites it 13× “After Montiel-Cortes pleaded guilty without a plea agreement to illegal reentry following deportation, his presen-tence investigation report (“PSR”) determined that his total offense level was 21, which included, inter alia, a 16-level increase for his 2013 Nevada conviction for…”
Cortinas v. State, 195 P.3d 315 (Nev. 2008).
· cites it 5× “Reviewing this issue de novo, 66 we disagree and reaffirm our long-standing principle that the intent required for robbery need not be contemporaneous with the application of force or intimidation under NRS 200.380 to complete the elements of robbery.”
Guy v. State, 839 P.2d 578 (Nev. 1992).
· cites it 6× “NRS 200.380(1) defines robbery as follows: [T]he unlawful taking of personal property from the person of another, or in his presence, against his will, by means of force or violence or fear of injury, immediate or future, to his person or property, or the person or property of a…”
Litteral v. State, 634 P.2d 1226 (Nev. 1981).
· cites it 6× “During this attack, the appellant directed his female companion to rob the shop, which she did by taking cash, four small gold pieces and one diamond ring.”
State v. Owens, 20 S.W.3d 634 (Tenn. 2000).
· cites it 4× “§ 45-5-401 (West 1999); Nev.Rev.Stat. § 200.380 (1999); N.H.Rev.Stat.”
Damon Raines v. United States, 898 F.3d 680 (6th Cir. 2018).
· cites it 2× “3d at 228 (quoting Nev. Rev. Stat. § 200.380 ). Section 894(a)(1) does not contain an analogous requirement.”
United States v. Tavares Chandler, 743 F.3d 648 (9th Cir. 2014).
· cites it 5× “” Nev. Rev. Stat. § 200.380 (1). Thus, federal law and Nevada law both effectively define conspiracy to commit robbery as an agreement between two or more persons to unlawfully take property from another person against his or her will.”
Belcher, Jr. (norman) Vs. State (death Penalty-direct), 2020 NV 31 (Nev. 2020).
· cites it 2× “See NRS 200.380(1) (defining robbery as "the unlawful taking of personal property from the person of another, or in the person's presence, against his or her will, by means of force or violence or fear of injury").”
Leonard v. State, 17 P.3d 397 (Nev. 2001).
· cites it 2× “Pursuant to Nevada's robbery statute, NRS 200.380, "it is irrelevant when the intent to steal the property is formed," and it is not necessary that force or violence involved in the robbery "be committed with the specific intent to commit robbery.”
Wright v. State, 581 P.2d 442 (Nev. 1978).
· cites it 3× “: This appeal is from judgments entered upon jury verdicts finding Eddie Dean Wright guilty on three counts of robbery with the use of a deadly weapon (NRS 200.380; NRS 193.165), and three counts of kidnaping with the use of a deadly weapon (NRS 200.”
Garcia v. State, 113 P.3d 836 (Nev. 2005).
· cites it 2× “The two crimes involve separate and distinct elements charged under NRS 200.380 and NRS 205.060 independently and in conjunction with Nevada’s conspiracy statute, NRS 199.”
United States v. Pereira-Gomez, 903 F.3d 155 (2d Cir. 2018).
“§ 28-324 (1) ("from the person of another"); Nev. Rev. Stat. § 200.380 (1) ("from the person of another, or in the person's presence"); N.”
— Nev. Rev. Stat. § 200.380(1) — 77 cases
Guy v. State, 839 P.2d 578 (Nev. 1992).
“NRS 200.380(1) defines robbery as follows: [T]he unlawful taking of personal property from the person of another, or in his presence, against his will, by means of force or violence or fear of injury, immediate or future, to his person or property, or the person or property of a…”
Belcher, Jr. (norman) Vs. State (death Penalty-direct), 2020 NV 31 (Nev. 2020).
“See NRS 200.380(1) (defining robbery as "the unlawful taking of personal property from the person of another, or in the person's presence, against his or her will, by means of force or violence or fear of injury").”
— Nev. Rev. Stat. § 200.380(1)(a) — 1 case
— Nev. Rev. Stat. § 200.380(1)(b) — 1 case
— Nev. Rev. Stat. § 200.380(2) — 26 cases
Wright v. State, 581 P.2d 442 (Nev. 1978).
“: This appeal is from judgments entered upon jury verdicts finding Eddie Dean Wright guilty on three counts of robbery with the use of a deadly weapon (NRS 200.380; NRS 193.165), and three counts of kidnaping with the use of a deadly weapon (NRS 200.”
— Nev. Rev. Stat. § 200.380(l)(a) — 2 cases
— Nev. Rev. Stat. § 200.380(l)(b) — 1 case
— Nev. Rev. Stat. § 200.380(l)(c) — 1 case
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