Quick answer

Robbery with homicide is a special complex crime, meaning it is a single, indivisible offense specifically defined and penalized by law as one crime, rather than two separate crimes of robbery and homicide. It is committed when, by reason or on the occasion of a robbery, a homicide (killing) results. The essential elements are: the taking of personal property with violence against or intimidation of persons; the property taken belongs to another; the taking was with intent to gain (animo lucrandi); and, by reason or on the occasion of the robbery, homicide was committed. A crucial point is the required connection: the original and principal criminal design must be the robbery, and the killing is committed by reason or on the occasion of that robbery; the homicide may occur before, during, or after the robbery, and the victim of the killing need not be the victim of the robbery (it may be a bystander, a responding officer, or even, in some cases, a co-conspirator). The term homicide here is used in its generic sense and includes any killing, so the qualifying circumstances that would ordinarily make a separate killing murder are treated as aggravating circumstances within this single crime, not as creating a distinct crime of robbery with murder. All those who took part as principals in the robbery are generally liable for robbery with homicide even if they did not personally participate in the killing, unless they clearly tried to prevent it. Because it is one indivisible crime, only a single, heavy penalty is imposed. So when a robbery results in a death connected to it, the offense is the single special complex crime of robbery with homicide, carrying one severe penalty.

A Single Indivisible Crime

Robbery with homicide is a special complex crime — one indivisible offense, not two separate crimes — committed when, by reason or on the occasion of a robbery, a killing results.

The Required Connection

The principal design must be the robbery, and the killing is by reason or on the occasion of it. The homicide may occur before, during, or after the robbery, and the victim of the killing need not be the robbery victim (a bystander, an officer, even a co-conspirator).

Generic Homicide and Shared Liability

Homicide is used generically (any killing); circumstances like treachery become aggravating, not a separate crime. All principals in the robbery are liable for robbery with homicide even without personally killing, unless they tried to prevent it. Only one heavy penalty is imposed.

Practical Takeaways

Frequently Asked Questions

What is robbery with homicide? A special complex crime committed when, by reason or on the occasion of a robbery, a homicide results. It is a single indivisible offense with one penalty, not two separate crimes.

Does the killing have to be of the robbery victim? No. The victim of the killing need not be the victim of the robbery. It may be a bystander, a responding officer, or even a co-conspirator, as long as the killing was by reason or on the occasion of the robbery.

Are all the robbers liable if only one killed? Generally yes. All who took part as principals in the robbery are liable for robbery with homicide even if they did not personally participate in the killing, unless they clearly endeavored to prevent it.

Is there a crime of robbery with murder? No separate crime. Homicide in robbery with homicide is used generically to include any killing, and qualifying circumstances like treachery are treated as aggravating circumstances within the single crime.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

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