Also known as: stouthrieff · robbery · violent theft
Written by attorneys · grounded in primary & secondary sources — see below
A form of robbery occurring in or near the victim's dwelling without any housebreaking. The offense requires the same elements of taking personal property from the victim's presence by force or intimidation with intent to permanently deprive as other robberies. It is distinguished solely by its location near the dwelling and the absence of breaking and entering.
Select any source to read its text and confirm it supports the definition.
Seth Shapiro concealed a crate of tools inside his truck parked beside his cottage. When Stella Shapiro noticed and grabbed the side of the truck, Seth steered sharply toward a ditch to keep her from recovering the crate. The force occurred immediately after the taking while Stella remained near the dwelling entrance.
Sabrina Shah grabbed a neighbor's toolbox from the porch of her cottage and fled toward the road. When Scott Summers pursued her, Sabrina threatened to inject a lethal dose into a nearby resident unless he stopped. The threat occurred in the course of committing the theft near the dwelling.
Sasha Stone was acquitted of taking cash from a victim on the porch of a cottage after identity was the sole contested issue. Prosecutors then sought to charge her with stouthrief for taking similar cash from a second victim at the same dwelling during the identical episode. Collateral estoppel bars the second prosecution.
Simone Sanders and an accomplice entered the yard of a cottage to steal equipment. When an elderly resident blocked the path, Simone injected a large unauthorized sedative causing respiratory arrest and death. The homicide occurred during the commission of the robbery near the dwelling.
A defendant convicted of stouthrief near a cottage received a life sentence without parole for a nonviolent taking. The sentence was grossly disproportionate to the offense given the absence of violence or serious injury. The court invalidated the punishment under the Eighth Amendment.
Police arrested a suspect at her cottage for committing stouthrief by taking property from a neighbor's porch by threat. Officers questioned her in custody without advising her of rights to silence and counsel. Any resulting statements are inadmissible at trial.
Stouthrief requires the same elements of taking, presence, force or intimidation, and intent to permanently deprive. It is limited to robberies occurring in or near the victim's dwelling without housebreaking. The location near the dwelling supplies the distinguishing feature.
Supporting sources
…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…