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Is hissing "You'll be sorry if you mess with me" by someone pretending to be the son of the mayor -- followed by the clerk being intimidated -- the threat of force?

Comments

Yes, I agree. There was certainly no threat of force when the guy stole the watch. Even if what happened afterwards could be interpreted that way, it wouldn't be robbery, because he already had the watch. I agree with Andrew on the answer, although I want Thomas to pass the bar, so I might vote for him anyway. :)

Bill Garthright

There's simply no evidence based on the wording to imply a physical threat. Just because someone goes around mimicking the sounds of their cat, doesn't mean they're liable to physically assault someone. There's not nearly enough evidence to prove physical threat to satisfy our legal standards. And Capitalthree above makes a damn fine point: this was a week later, the watch had already been stolen and the seller was now demanding it's return. The larceny had already taken place.

Pterrorsaurus hex

If I were a judge, I would lean towards saying that just because you felt threatened doesn't mean a scary hiss actually has any such meaning implied. However none of that matters! I am amazed Andrew did not bring this up during the 11 hour on-show argument, but it needs to be said, Thomas is ignoring the first 2/3 of the hypothetical. The hissing was not how the thief obtained the watch! He could whip out a knife at that point, and it would not be robbery. It would be threatening a dude with a knife, several days after some larceny. It seems overwhelmingly obvious to me that the hypothetical was posed this way on purpose.

capitalthree


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