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• 1 2021-09-20T15:34:54+00:00 New York Penal Law, § 2120-2129: Robbery 8 plain 2023-05-09T14:57:59+00:00 Consolidated Laws of the State of New York, 1909, ch. 88
  
  "§ 2120 Robbery defined. Robbery is the unlawful taking of personal property, from tho person or in the presence of another, 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 relative or member of his family, or of any one in his company at the time of the robbery.·
  
  § 2121. Force or fear must be employed. To constitute robbery, the force or fear must be employed either to obtain or retain possession of the property or to prevent or overcome resistance to the taking. If employed merely as a means of escape it does not constitute robbery.
  
  § 2122. Degree of force immaterial. When force is employed in either of the ways specified in the last section, the degree of force employed is immaterial.
  
  § 2123. Taking property secretly not robbery. The taking of property from the person of another is robbery, when it appears that although the taking was fully completed without his knowledge, such knowledge was prevented by the use of force or fear.
  
  § 2124. Robbery in first degree. An unlawful taking or compulsion, if accomplished by force or fear, in a case specified in the foregoing sections of this article is robbery in the first degree, when committed by a person :
  1. Being armed with a dangerous weapon; or
  2. Being aided by an accomplice actually present; or,
  3. Being added by the use of an automobile or motor vehicle; or [added in 1923]
  4. When the offender inflicts grievous bodily harm or lnjury upon the person from whose possession, or in whose presence, the property is taken, or upon the wife, husband, servant, child, or inmate of the family of such person, or any one in his company at the time, in order to accomplish the robbery.
  § 2125. Punishment of robbery in first degree.
  Robbery in the first degree is punishable by imprisonment for an indeterminate term the minimum of which shall not be less than ten years and the maximum of which shall not be more than thirty years. [amended in 1932]
  
  § 2126. Robbery in second degree. Such unlawful taking or compulsion, when accomplished by force or fear, in a case specified in the foregoing section of this article, but not under circumstances amounting to robbery in the first degree, is robbery in the second degree, when accomplished:
  1. By the use of violence; or,
  2. By putting the person robbed in fear of immediate injury to his person or that of some one in his company.
  § 2127. Punishment of robbery in second degree.
  Robbery in the second degree is punishable by imprisonment for a term not exceeding fifteen years.
  
  § 2128. Robbery in third degree. A person who robs another, under circumstances not amounting to robbery in the first or second degree, is guilty of robbery in the third degree.
  
  § 2129. Punishment of robbery in third degree. Robbery in the third degree is punishable by imprisonment for
  not more than ten years.

  New York Penal Law