While a bunch of neighbors were finishing a late-night dinner on the patio of a home, a man wearing a ski mask and carrying a gun visible to all leaped onto the patio and demanded money, threatening to shoot someone if his demand was denied. The man took off his ski mask and took some chicken wings. After eating a few of them he commented the food was very good. The neighbors offered him more food, and he put his gun in his belt. He apologized and told them he had come to the wrong house. The man left, stealing nothing and hurting no one.
Did the person commit the crime of attempted robbery or robbery under the MPC? Can he argue successfully that he abandoned his criminal activity before a crime was committed?
According to the MPC anyone that attempts to take or does take by force, temptation, violence or intimidation can be considered having committed robbery or attempted robbery. [1] Also, whoever has the intent to take something that isn’t theirs also can be considered having committed robbery or attempted robbery. [2] This man clearly had the intent because he demanded money that was no his. He used intimidation and force and although he was robbing the wrong house he still had the intent to rob and used force and intimidation to do so.
My personal thoughts, thank goodness the chicken wings were good! What would have happened had there not been chicken wings or they hadn’t been good? Would he have stayed committed? It wasn’t until he mentioned the food was good and was offered more that he told them “sorry wrong house”. Excuses and good food doesn’t negate the fact that this attempted to commit/did commit a crime. He attempted burglary and who knows if certain factors had varied if that attempt would have turned into an actual successful burglary or worse the people on the patio didn’t comply and he shot them then robbed them and committed two crimes. I definitely would like to know others thoughts on this.
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