Really who cares whose right, whose wrong?!
...who cares whether it was technically a robbery or burglary.
I don't know if care is the right word...I don't care, but it is enjoyable to have a discussion. I certainly don't think we're having an argument.
It also keeps the thread on top so that keeps it from getting moved off the front page of the forum. If there wasn't something being posted here it would fall off.
Below is the ARS text...for those who don't care just skip down to where you see the ******* for a completely different subject.
A weapon or a gun isn't required for something to be a robbery. That would be armed robbery. Strong armed robbery is when the item is taken from the person or in the person's presence. That's iffy in this case.
13-1902. Robbery; classification
A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property.
B. Robbery is a class 4 felony.
To be burglary it requires that the person go into a part of the store they would not otherwise go, such as into a display case, to get the item.
13-1506. Burglary in the third degree; classification
A. A person commits burglary in the third degree by:
1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.
2. Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.
B. Burglary in the third degree is a class 4 felony.
Realistically this would be charged as a felony shoplifting...
13-1805. Shoplifting; detaining suspect; defense to wrongful detention; civil action by merchant; public services; classification
A. A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, the person knowingly obtains such goods of another with the intent to deprive that person of such goods by:
1. Removing any of the goods from the immediate display or from any other place within the establishment without paying the purchase price; or
2. Charging the purchase price of the goods to a fictitious person or any person without that person's authority; or
3. Paying less than the purchase price of the goods by some trick or artifice such as altering, removing, substituting or otherwise disfiguring any label, price tag or marking; or
4. Transferring the goods from one container to another;
*******
I was in RC today and I was really impressed with how the corals looked. Great color. They also finally had my anemone crabs! I was so excited to finally pick up a couple of them. They've been difficult to get a hold of. Skip also let me play with his thing...Julian's Thing that is...and I decided to get one. Just used it and it actually worked much better than my other feeder and was a breeze to clean. Got a gorgonian too and a few odds and ends. Nice visit.