Article 122 — Robbery | Manual for Courts-Martial

Part IV · Punitive Articles

Article 122. Robbery · MCM ¶ 67

2024 Manual for Courts-Martial, United States

(a) Text of statute. Any person subject to this chapter who takes anything of value from the person or in the presence of another, against his will, by means of force or violence or fear of immediate or future injury to his person or property or to the person or property of a relative or member of his family or of anyone in his company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct.

(b) Elements.

(1) That the accused wrongfully took certain property from the person or from the possession and in the presence of a person named or described;

(2) That the taking was against the will of that person;

(3) That the taking was by means of force, violence, or force and violence, or putting the person in fear of immediate or future injury to that person, a relative, a member of the person’s family, anyone accompanying the person at the time of the robbery, the person’s property, or the property of a relative, family member, or anyone accompanying the person at the time of the robbery;

(4) That the property belonged to a person named or described; and

(5) That the property was of a certain or of some value.

Practice Note

[Note: If the robbery was committed with a dangerous weapon, add the following element]

(6) That the means of force or violence or of putting the person in fear was a dangerous weapon.

(1) Taking in the presence of the victim. It is not necessary that the property taken be located within any certain distance of the victim. If persons enter a house and force the owner by threats to disclose the hiding place of valuables in an adjoining room, and, leaving the owner tied, go into that room and steal the valuables, they have committed robbery.

(2) Force or violence. For a robbery to be committed by force or violence, there must be actual force or violence to the person, preceding or accompanying the taking against the person’s will, and it is immaterial that there is no fear engendered in the victim. Any amount of force is enough to constitute robbery if the force overcomes the actual resistance of the person robbed, puts the person in such a position that no resistance is made, or suffices to overcome the resistance offered by a chain or other fastening by which the article is attached to the person. The offense is not robbery if an article is merely snatched from the hand of another or a pocket is picked by stealth, no other force is used, and the owner is not put in fear. But if resistance is overcome in snatching the article, there is sufficient violence, as when an earring is torn from a person’s ear. There is sufficient violence when a person’s attention is diverted by being jostled by a confederate of a pickpocket, who is thus enabled to steal the person’s watch, even though the person had no knowledge of the act; or when a person is knocked insensible and that person’s pockets rifled; or when a guard steals property from the person of a prisoner in the guard’s charge after handcuffing the prisoner on the pretext of preventing escape.

(3) Fear. For a robbery to be committed by putting the victim in fear, there need be no actual force or violence, but there must be a demonstration of force or menace by which the victim is placed in such fear that the victim is warranted in making no resistance. The fear must be a reasonable apprehension of present or future injury, and the taking must occur while the apprehension exists. The injury apprehended may be death or bodily injury to the person or to a relative or family member, or to anyone in the person’s company at the time, or it may be the destruction of the person’s habitation or other property or that of a relative or family member or anyone in the person’s company at the time of sufficient gravity to warrant giving up the property demanded by the assailant.

(4) Multiple-victim robberies. Robberies of different persons at the same time and place are separate offenses and each such robbery should be alleged in a separate specification.

(5) Dangerous weapon. For purposes of qualifying for the maximum punishment for this offense as specified in subparagraph d.(1), the term “dangerous weapon” has the same meaning as that ascribed to the term in subparagraph 77.c.(5)(a)(iii).

(d) Maximum punishment.

(1) When committed with a dangerous weapon. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.

(2) All other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

(e) Sample specification. In that ___________________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _______ 20____, by means of (force) (violence) (force and violence) (and) (putting (him) (her) in fear) [with a dangerous weapon, to wit: ______________] seize from the (person) (presence) of ______________, against (his) (her) will, (a watch) (__________) of value of (about) $__________, the property of ______________.

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

3a-67-1ROBBERY

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

Maximum punishment

(1) With a dangerous weapon: DD, TF, 15 years, E-1. (Category 3)

(2) Other cases: DD, TF, 10 years, E-1. (Category 3)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, by means of (force) (violence) (force and violence) (and) (putting (him) (her) in fear) [with a dangerous weapon, to wit:_____________] seize from the (person) (presence) of __________, against (his) (her) will, (a watch) (__________) of value of (about) $__________, the property of __________.

Elements

(1) That (state the time and place alleged), the accused wrongfully took (state the property allegedly taken) (from the person) (from the possession and in the presence) of (state the name of the person allegedly robbed);

(2) That the taking was against the will of (state the name of the person allegedly robbed);

(3) That the taking was by means of (force) (violence) (force and violence) (and) (or) (putting him/her in fear of (immediate) (future) injury to:

(a) (his/her person) (the person of a relative) (the person of a member of his/her family) (the person of anyone in his/her company at the time of the alleged robbery) [and/or]

(b) (his/her property) (the property of a relative) (the property of a member of his/her family) (the property of anyone in his/her company at the time of the alleged robbery);

(4) That the property belonged to (state the name alleged); (and)

(5) That the property was of a value of $__________ (or of some value); [and]

NOTE 2. Use of dangerous weapon alleged. If the specification alleges that the robbery was committed with a dangerous weapon, add the sixth element below:

[(6)] That the means of force or violence or putting in fear was a dangerous weapon, to wit: (state the dangerous weapon alleged).

Definitions & other instructions

Property “belongs” to a person who has title to the property, a greater right to possession of the property than the accused, or possession of the property.

A taking is wrongful only when done without the consent of the owner and accompanied by a criminal state of mind. In determining whether the taking was wrongful, you should consider all the facts and circumstances presented by the evidence, (such as, evidence that the taking may have been (from a person with a greater right to possession than the accused) (without lawful authorization) (without the authority of apparently lawful orders) (__________)).

(On the other hand, you should also consider evidence which tends to show that the taking was not wrongful, including, but not limited to, evidence that the taking may have been (under a mistaken belief of right) (with lawful authority) (authorized by apparently lawful superior orders) (from a person with a lesser right to possession than the accused) (from a person with whom the accused enjoyed an equal right to possession) (__________).)

(A “dangerous weapon” refers to something that is used in a manner capable of inflicting death or grievous bodily harm. What constitutes a dangerous weapon depends not on the nature of the object itself but on its capacity, given the manner of its use, to kill or inflict grievous bodily harm. “Grievous bodily harm” means a bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of function of a bodily member, organ, or mental faculty.)

NOTE 3. Taking by force and/or violence alleged. If the case involves an issue of taking by force, violence, or both, a tailored instruction substantially as follows may be appropriate:

The (force) (and) (violence) required for this offense must have been applied to the person of the victim and either precede or accompany the taking. Additionally, it must (overcome the resistance of the victim) (or) (put the victim in a position where he/she makes no resistance.) (The fact that the victim was not afraid is unimportant).

NOTE 4. Taking by fear alleged. If the case involves an issue of taking by putting in fear, use the following instruction:

For a robbery to be committed by putting the victim in fear, there need be no actual force or violence, but there must be a demonstration of force or menace by which the victim is placed in such fear that the victim is warranted in making no resistance. The fear must be a reasonable apprehension of present or future injury, and the taking must occur while the apprehension exists. The fear required for this offense must be sufficient to justify (state the name of the alleged victim) giving up the property.

NOTE 5. Taking from the presence of the victim alleged.

It is not necessary that the property taken be located within any certain distance of the victim.

NOTE 6. Other instructions. Instruction 6-5, Partial Mental Responsibility; Instruction 5-15, Evidence Negating Mens Rea; Instruction 5-9, Defense of Property; Instruction 7-16, Variance - Value, Damage, or Amount, and Instruction 7-15, Variance, may be applicable.

Source: Instruction 3a-67-1 · view original on jagcnet.army.mil