Written by attorneys · grounded in primary & secondary sources — see below
An area within a victim's reach, inspection, observation, or control such that the victim could retain possession of the property if not overcome by violence or prevented by fear. Property located in other rooms of the same house or suite where the victim is present satisfies the requirement when it remains reasonably close to the victim.
Luis shoved Captain Kathryn against the wheelhouse door with force sufficient to overcome her resistance. He then snatched the ship's lockbox of cash wages from a shelf directly above her shoulder. The shove and threat of being thrown overboard allowed Luis to complete the taking while Kathryn remained in immediate control of the area.
Brett blocked Eric in the kitchen doorway and threatened to smash his face if he reached for the tablet. Eric stood only a few feet from the kitchen island where the device rested. Brett then took the tablet from that location while Eric remained frozen in place.
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Kim held Ellie at knifepoint in the apartment hallway. An accomplice entered the master bedroom closet and removed cash from the safe. The cash remained within Ellie's immediate presence because it was located in another room of the same apartment where she was restrained.
Amanda positioned herself between Craig and the exit. She grabbed Craig's briefcase from the chair beside him in the conference room. She later removed additional checks from a desk in an adjacent office while Craig remained near the doorway of the same suite.
Luis blocked the doorway and slammed his fist into the wall inches from Marisa's head. He demanded her camera bag, which rested on the floor beside her chair. Marisa handed over the bag because the threat placed her in immediate fear of serious bodily injury.
No. The requirement is met when property lies in an area within the victim's reach, inspection, observation, or control. Property on a shelf directly above the victim or in another room of the same house or suite where the victim is present qualifies.
Supporting sources
Property in another room of the same house or suite counts as within the victim's immediate presence when the victim is present in the dwelling and the location remains reasonably close. The victim need not see the property for the element to be satisfied.
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No. The test focuses on reasonable proximity rather than line of sight. Property remains within immediate presence when the victim is nearby in the same dwelling even if the victim has stepped back or cannot observe the precise location.
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…person commits armed robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon. The offense robbery by intimidation shall be a lesser included offense in the offense of armed robbery. A person convicted of armed robbery shall…