Penal Code · §29.02

Robbery

In the course of committing theft and with intent to obtain or maintain control of the property: (1) intentionally/knowingly/recklessly causes bodily injury, OR (2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

To prove this offense, the State must establish each of the following elements: In the course of committing theft; With intent to obtain or maintain control of the property; (a)(1) Intentionally/knowingly/recklessly causes bodily injury, OR; (a)(2) Intentionally or knowingly threatens or places another in fear of imminent bodily injury or death; 2nd degree felony.

The base classification is 2nd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • In the course of committing theft
  • With intent to obtain or maintain control of the property
  • (a)(1) Intentionally/knowingly/recklessly causes bodily injury, OR
  • (a)(2) Intentionally or knowingly threatens or places another in fear of imminent bodily injury or death
  • 2nd degree felony
Texas Law — Charge Details
2nd Degree Felony
Offense
Robbery
Statute
Tex. Penal Code §29.02
Classification
2nd degree felony

In the course of committing theft and with intent to obtain or maintain control of the property: (1) intentionally/knowingly/recklessly causes bodily injury, OR (2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
Plus serious bodily injury OR deadly weapon OR victim 65+/disabledAggravated Robbery (1st degree)§29.03

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Worked examples

Worked example 1

Robbery under §29.02 is committed when, in the course of theft and with intent to obtain or maintain control of property, the actor:

  1. Causes bodily injury to another OR intentionally/knowingly threatens or places another in fear of imminent bodily injury or death Correct
  2. Steals property worth more than $1,500
  3. Uses a deadly weapon
  4. Commits the offense at night
Why: Robbery is theft + (a)(1) intentionally/knowingly/recklessly causing bodily injury, OR (a)(2) intentionally/knowingly threatening or placing another in fear of imminent bodily injury or death. It is a 2nd degree felony.
Statute: Tex. Penal Code §29.02
Worked example 2

What primarily distinguishes Robbery from Theft?

  1. The value of property taken
  2. Whether the property is recovered
  3. The presence of force, threat, or fear of imminent bodily injury or death against a person in the course of theft Correct
  4. Where the offense occurs
Why: Theft is unlawful appropriation of property with intent to deprive. Robbery adds the assaultive component — bodily injury, threat, or fear of imminent harm — connected to the taking.
Statute: Tex. Penal Code §29.02 vs. §31.03