Also known as: violence and intimidation · duress · force
Written by attorneys · grounded in primary & secondary sources — see below
A method of accomplishing a taking in robbery by physical force sufficient to overcome the victim's resistance or by threats creating an immediate fear of death or serious bodily injury to the victim or a close relative.
Victoria Vernon approached Vito Villarreal on a sidewalk and grabbed his wallet. When he resisted by clutching it tightly, she struck his hand with enough force to pry it loose. The taking satisfies the violence element because the blow overcame his resistance and occurred simultaneously with the seizure of the property.
Valerie Voss held a deed in lieu of foreclosure ready for Vincent Valdez to sign. When he hesitated, she brandished a knife and threatened immediate harm to his daughter unless he executed the document. The resulting transfer fails the voluntariness requirement because the intimidation created an immediate risk of serious injury.
Select any source to read its text and confirm it supports the definition.
Virgil Volpe visited Veronica Varela at her home and demanded she hire him as counsel while displaying a concealed weapon under his jacket. The contact violates the solicitation rule because the visible threat of violence constitutes coercion during the live encounter.
Vasquez Imports, the landlord, sent agents to the leased warehouse who threatened physical harm to tenant Vertex Pharmaceuticals' employees unless they accepted the unrepaired roof. The intimidation prevented the tenant from obtaining timely correction, triggering the breach remedy under the lease obligations.
Vito Villarreal threatened Valerie Voss with immediate violence to her parents unless she signed the premarital agreement waiving spousal support rights. The agreement is unenforceable because her consent was the direct result of the intimidation rather than free will.
Vincent Valdez locked Veronica Varela in a room and threatened serious injury to her brother if she refused to proceed with the wedding ceremony. The marriage is subject to attack because the consent was procured by force rather than the parties' free will.
The force must be strong enough to overcome the victim's resistance. Minimal force that merely touches the victim without overcoming resistance is insufficient.
Supporting sources
Intimidation qualifies when the threats create an immediate risk of death or serious physical injury to the victim or a close family member. The threat must be of imminent harm rather than future injury.
Supporting sources
Yes. The violence or intimidation must occur before or at the same time as the taking. Force or threats used only after the property is already in the defendant's possession do not satisfy the element.
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…Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned,…