It is no defense to a prosecution of robbery in any of its degrees that there was no theft because the taking was under a claim of right. SOURCE: New section. CROSS-REFERENCES: § 43.25 - Affirmative Defenses to Theft. COMMENT: Since the essence of robbery is the threat to, or invasion of, the victim's personal security, basis exists for a conviction of robbery even through the defendant mistakenly, although in good faith, believes that he had a right to the property taken.
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COL120106