Lucy Lightfingers steals a package of filet mignon priced at $19.99 from the meat counter in a supermarket. As she leaves the store, she is approached by a private security guard who works for the supermarket. Lightfingers kicks and injures the security guard in her attempt to leave with the meat she has stolen.
• What is the most serious crime (this means find only one crime from all those listed in this prompt) that Ms. Lightfingers could be charged with from the following: petit larceny, grand theft larceny, or robbery? Be specific as to the degree / statute number. This will require that you examine multiple degrees of each category (petit, grand, and robbery).
• Explain how the facts fit the crime you chose as opposed to the others. Meaning, why does it most appropriately meet one crime and why does it not meet the others, generally, to show me you understand why it would be excluded under the others.
• I have provided the links to the general area of the penal law where you can find these crimes:
• Petit larceny and grand larceny statutes https://www.nysenate.gov/legislation/laws/PEN/P3TJA155
• Robbery statutes https://www.nysenate.gov/legislation/laws/PEN/P3TJA160
Sample Answer
Sample Answer
Based on the scenario provided, the most serious crime that Lucy Lightfingers could be charged with is Robbery in the Second Degree under New York Penal Law Section 160.10.
Explanation:
1. Robbery in the Second Degree (NY Penal Law Section 160.10):
– Robbery in the Second Degree involves forcibly stealing property accompanied by causing physical injury to another person.
– In this case, Lucy Lightfingers not only stole the package of filet mignon but also kicked and injured the security guard while attempting to leave with the stolen meat.
– The use of force resulting in physical injury to the security guard elevates the crime to Robbery in the Second Degree, which is a more serious offense than petit larceny or grand larceny.
2. Why Robbery in the Second Degree Fits:
– The act of injuring the security guard during the theft clearly falls under the definition of Robbery in the Second Degree, as it involves both the element of theft and causing physical harm to another person.
– The specific intent to inflict harm during the course of the theft aligns with the requirements of Robbery in the Second Degree.
3. Why It Does Not Fit Other Crimes:
– Petit Larceny: Petit larceny in New York involves theft of property valued at less than $1,000 without causing any physical injury. Since Lightfingers stole filet mignon valued at $19.99 and injured the security guard, petit larceny is not appropriate.
– Grand Larceny: Grand larceny in New York pertains to theft of property valued above a certain threshold depending on the circumstances. While the value of the stolen meat might meet grand larceny criteria, the element of physically injuring another person is not present in grand larceny cases.
By considering the specific circumstances of the case, including the theft of property coupled with causing physical injury to the security guard, Robbery in the Second Degree best aligns with Lucy Lightfingers’ actions and is the most appropriate charge in this scenario.
