Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property shall be punished. In order to prove the defendant guilty of armed robbery, the Commonwealth must prove four elements beyond a reasonable doubt:
- Armed with a Dangerous Weapon.
- The first element the Commonwealth must prove beyond a reasonable doubt is that the defendant was armed with a dangerous weapon. This means that the Commonwealth must prove that the defendant had a dangerous weapon in their possession. The crime of armed robbery is based on the potential for injury. That potential for injury does not depend on the precise moment at which the defendant becomes armed, so long as they became armed at a point directly related to the commission and completion of the robbery. A dangerous weapon is any instrument that by the nature of its construction or the manner of its use is capable of causing grievous bodily injury or death, or could be perceived by a reasonable person as capable of such injury.
- Applied Force and Violence or Threatening Words or Gestures
- The second element the Commonwealth must prove beyond a reasonable doubt is that the defendant either applied actual force and violence to the body of the victim, or by threatening words or gestures put the victim in fear. The actual force and violence, or assault and putting the victim in fear, must be the cause of the defendant obtaining possession of the property.
- Took Money or Property with the Intent to Steal
- The third element the Commonwealth must prove beyond a reasonable doubt is that a defendant took the money or other property with the intent to steal it. This means that the Commonwealth must prove that the defendant took and carried away property, against the victim's will, with the intent to deprive the victim of their possessions permanently.
- Took Money or Property from the Person or Immediate Control of the Victim.
- The fourth element the Commonwealth must prove beyond a reasonable doubt is that the defendant took the money or other property from the possession or control of the victim.
Armed Robbery While Masked
Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property provided, however, that any person who commits any offense described herein while masked or disguised or while having his features artificially distorted shall be punished.
In order to prove the defendant guilty of armed robbery while masked, the Commonwealth must prove the 4 elements of armed robbery, plus: That a defendant committed the armed robbery while masked or disguised or with features artificially distorted.
The Commonwealth must prove beyond a reasonable doubt that the defendant committed the armed robbery while masked or disguised, or while having their features artificially distorted. The word masked has no peculiar technical meaning in law, but is to be taken in its common usage. It means that a person's face is covered or partially covered so that the face is screened or concealed from view. The face need not be totally concealed. It is enough if it is materially and substantially obstructed. Recognition need not be wholly obstructed. Thus, the mask need not be one that so totally covers or conceals the facial features that the wearer cannot be identified or recognized. The statute applies equally to the inept or bungling masker as it does to the skillful one.