Also known as:rapina · rapines · robbery · plunder
Written by attorneys · grounded in primary & secondary sources — see below
Forcible seizure and carrying off of another's property. Pillage or plunder.
Sources & Authorities
How it applies
Common Examples
6
Briefcase Taken by Force
Renee Rogers stood between her attorney and the exit during a settlement meeting. She seized the attorney's briefcase from the adjacent chair and shoved him aside when he reached for it. Renee then announced she would keep the contents permanently and pushed the attorney against the wall to prevent recovery. The taking satisfies the elements of rapine because the property was removed from the victim's immediate presence by force sufficient to overcome resistance with intent to permanently deprive.
Laptop Seized During Flight
Raymond Ramos grabbed the clerk's laptop from the counter and fled the licensing office. As the clerk pursued, Raymond slammed a door on the clerk's hand causing serious injury and pointed a replica pistol while threatening further harm. All acts occurred during immediate flight after the theft. The conduct meets the definition of rapine because the theft was accompanied by infliction of serious bodily injury in the course of committing the taking.
Select any source to read its text and confirm it supports the definition.
Cases
Model Codes
Common Law
Dictionaries
Acquittal Bars Retrial
Ruby Rivera was acquitted of rapine against one victim when identity was the sole contested issue at trial. The state then sought to prosecute her for rapine against a second victim during the same incident using the same eyewitness identification. Collateral estoppel embodied in double jeopardy prevents the second prosecution because the prior acquittal resolved the ultimate fact of identity against the state.
Death During Theft Attempt
Rhea Reynolds and an accomplice entered a restricted hospital storage room to steal diagnostic devices. Reynolds injected a patient with an unauthorized sedative to clear the path, causing respiratory arrest and death. The homicide occurred while the pair were engaged in the felony theft. The resulting death constitutes murder because the recklessness and extreme indifference are presumed when the actor commits the underlying rapine.
Proportionality Review Required
Rajesh Rao was sentenced to life without parole for a nonviolent property offense comparable to rapine. The sentence was imposed under a recidivist statute after prior convictions. Because the current offense involved no violence or threat to persons, the Eighth Amendment requires a proportionality analysis comparing the sentence to the gravity of the offense and sentences imposed for more serious crimes.
Solem v. Helm463 U.S. 277, 279, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983)
Consensual Recording Admitted
Renata Russo participated in a conversation during which another party recorded statements about a planned forcible taking of property. The recording was made with the consent of one participant and later offered at trial. The Fourth Amendment does not bar admission of the recording because a person engaging in rapine planning has no reasonable expectation that the conversation will remain private from the known listener.
United States v. White401 U.S. 745, 91 S.Ct. 1122, 28 L.Ed.2d 453 (1971)
Common questions
Frequently Asked
3
What elements must the prosecution prove to establish rapine at common law?+
The prosecution must show a taking of personal property of another from the victim's body or immediate presence accomplished by force or intimidation with intent to permanently deprive. Force must overcome resistance and threats must create an immediate risk of serious injury. Property taken from an adjacent room in the same suite satisfies the presence requirement when the victim remains nearby.
Supporting sources
How does the Model Penal Code define the aggravating conduct that elevates theft to rapine?+
Rapine occurs when the actor inflicts serious bodily injury, threatens immediate serious bodily injury, or commits or threatens a first- or second-degree felony during the course of a theft including flight. The statute treats the entire episode from attempt through flight as a single transaction.
Supporting sources
Does a prior acquittal on identity grounds bar a second rapine prosecution arising from the same incident?+
Yes. Collateral estoppel embodied in the Double Jeopardy Clause prevents retrial when identity was the only rational issue decided by a valid acquittal. The state cannot relitigate that ultimate fact against a different victim of the same taking.
Supporting sources
384 U.S. 436 (1966)Evidence
…defendant’s constitutional rights were not violated. In Vignera v. New York , the defendant was arrested in connection with a robbery. He was taken to the 17th Detective Squad headquarters in Manhattan where he was interrogated for several hours. He was not advised of his right to counsel. A detective testified that the…