A shopper walked into a store that had a check-cashing service and tried to cash a $550 check which was payable to him. The attendant on duty refused to cash the check because the shopper did not have two forms of identification, which the store's policies required. The shopper, who had no money except for the check and who needed cash to pay for food and a place to sleep, became agitated. He put his hand into his pocket and growled, "Give me the money or I'll start shooting." The attendant, who knew the shopper as a neighborhood character, did not believe that he was violent or had a gun. However, because the attendant felt sorry for the shopper, he handed over the cash. The shopper left the check on the counter and departed. The attendant picked up the check and found that the shopper had failed to endorse it.
If the shopper is guilty of any crime, he is most likely guilty of:
A. robbery. B. attempted robbery. C. theft by false pretenses. D. larceny by trick.
Incorrect: Answer choice B is correct. Robbery is the trespassory taking and carrying away of the personal property of another with the intent to steal by force or intimidation. Here, the shopper intended to take money from the business by force or intimidation. Because the attendant did not give the shopper the cash as a result of intimidation, but out of empathy, the crime of robbery was never completed. Thus, answer choice A is incorrect, and the shopper may be guilty of attempted robbery. Answer choice C and answer choice D are incorrect because, although the shopper did misrepresent that he had a gun, the misrepresentation did not cause the attendant to hand over the cash. Therefore, the shopper is not guilty of theft by false pretenses or larceny by trick. The shopper is also not guilty of larceny by trick because he obtained both possession and title of the money, not merely possession.