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Robbery In An Uninhabited Place Or In A Private building


ART.302

ELEMENTS:
1. That the offender entered an uninhabited place or a building which
   was not a dwelling house, not a public building, or not an edifice
   devoted to religious worship;
2. That any of the following circumstances was present:
   a. That entrance was effected through an opening not intended for
      entrance or egress,
   b. A wall, roof, floor, or outside door or window was broken,
   c. The entrance was effected through the use of false keys,
      picklocks or other similar tools,
   d. A door, wardrobe, chest, or any sealed or closed furniture or
      receptacle was broken; or
   e. A closed or sealed receptacle was removed, even if the same be
      broken open elsewhere; and
3. That with intent to gain, the offender took therefrom personal
   property belonging to another.


This article covers the second kind of robbery with force upon things.

Uninhabited place under this article is an uninhabited building w/c
is not a dwelling house, public building, or edifice for worship.
Ex. warehouse, freight car, store.

Robbery under this article is committed in the same manner as in
Art. 299 (Robbery in inhabited house, public building, and edifice
devoted to religious worship) except that what was entered into was
an uninhabited place or a bldg. other than the 3 mentioned in
Art. 299. The use of fictitious name or pretending the exercise of
public authority is not also included in this article.

The breaking of padlock but not of the door is only theft.

Building - includes any kind of structure used for storage or
safekeeping of personal property, such as (a) freight car ad
(b) warehouse.

Entrance through an opening not intended for entrance or egress
is not necessary, if there is breaking of wardrobe, chest, or
sealed or closed furniture or receptacle, or removal thereof to be
broken open elsewhere.

Breaking padlock is use of force upon things.

Use of fictitious name or pretending the exercise of public
authorities is not covered under this article.

The receptacle must be “closed” or “sealed”.

Penalty is based only on value of property taken.


Robbery In An Uninhabited Place

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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