CA · jury_instructions
CALCRIM No. 1602
Robbery: Degrees (Pen. Code, § 212.5)
Robbery is divided into two degrees. If you conclude that the defendant
committed a robbery, you must then decide the degree.
To prove that the defendant is guilty of first degree robbery, the People
must prove that:
[The robbery was committed in an inhabited (dwelling/vessel/floating
home/trailer coach/part of a building). A (dwelling/vessel/floating home/
trailer coach/part of a building) is inhabited if someone lives there and
either is present or has left but intends to return.]
[The robbery was committed while the person robbed was using or had
just used an ATM machine and was still near the machine.]
[The robbery was committed while the person robbed was performing
(his/her) duties as the driver of or was a passenger on (a/an) (bus/taxi/
cable car/streetcar/trackless trolley/ <other kind of vehicle
used to transport people>).]
All other robberies are of the second degree.
The People have the burden of proving beyond a reasonable doubt that
the robbery was first degree rather than a lesser crime. If the People
have not met this burden, you must find the defendant not guilty of first
degree robbery.
New January 2006; Revised February 2015
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2019
- Content hash
e62bcb51e9f97cb4e630e454e2241e8c07ee14227b619e0eda9e723109cf26de
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