Matt stops his car at a red light. Suddenly from out of the bushes Rodney appears. He opens the car's passenger side door and points a pistol at Matt. Matt, not wishing to learn Rodney's intentions, opens his door and jumps from the car

Question

Rodney slides over to the driver's seat and drives away. Two hours later Rodney abandons the car when it runs out of fuel. Which of the following is an accurate statement regarding this incident?
A) Rodney's conduct constitutes robbery but not aggravated robbery because while he had a pistol, but did not "use" it within the meaning of the statute.
B) Rodney's conduct could be considered aggravated robbery if his retention of the car for two hours fits the definition of theft.
C) Rodney's conduct constitutes neither robbery nor aggravated robbery because there is no evidence that Matt was ever placed in fear of being shot.
D) Rodney's conduct does NOT meet the elements of aggravated robbery because he never threatened Matt with serious bodily injury.

Answer 1

B