Anderson

We hold here that the intent element of robbery does not include an intent to apply force against the victim or to cause the victim to feel fear. It is robbery if the defendant committed a forcible act against the *992 victim motivated by the intent to steal, even if the defendant did not also intend for the victim to experience force or fear. We also hold a trial court has no obligation to provide a sua sponte instruction on accident where, as here, the defendant’s theory of accident is an attempt to negate the intent element of the charged crime.

BACKGROUND

Defendant Paul D. Anderson is a longtime methamphetamine addict. As of the time of the crimes at issue here, he had been out of work for a year, was separated from his wife, had neither a job nor a car, and was living on the streets or spending nights in the homes of other methamphetamine users. He obtained money by breaking into cars, sometimes by means of a shaved key, and stealing things. He used stolen credit cards and sometimes tried to pass forged checks. He had once stolen a car. Defendant’s criminal history does not appear to have involved any act of force or violence directed against his…

is statutorily defined as “the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” (Pen. Code, §211; further undesignated statutory references are to the Penal Code.) Here, defendant Paul D. Anderson was charged not only with the felony of robbery but also with first degree felony murder because a killing occurred during the robbery. (§ 189.) To establish first degree felony murder, the prosecution had to prove defendant’s commission of the robbery. Defendant claimed that his use of force in taking the victim’s property was *1000 “an accident,” but he did not ask for a jury instruction on that theory. The jury found defendant guilty as charged.

On appeal, defendant faulted the trial court for not instructing the jury, without request, on the defense theory of “accident,” that is, if the jury were to conclude that defendant’s use of force in taking the victim’s property was not intentional, it would have to acquit him of robbery and of felony murder based on robbery. The Court of Appeal agreed. It held that robbery requires “a purposeful or willful act involving a…

We hold here that the intent element of robbery does not include an intent to apply force against the victim or to cause the victim to feel fear. It is robbery if the defendant committed a forcible act against the victim motivated by the intent to steal, even if the defendant did not also intend for the victim to experience force or fear. We also hold a trial court has no obligation to provide a sua sponte instruction on accident where, as here, the defendant's theory of accident is an attempt to negate the intent element of the charged crime.

Defendant Paul D. Anderson is a longtime methamphetamine addict. As of the time of the crimes at issue here, he had been out of work for a year, was separated from his wife, had neither a job nor a car, and was living on the streets or spending nights in the homes of other methamphetamine users. He obtained money by breaking into cars, sometimes by means of a shaved key, and stealing things. He used stolen credit cards and sometimes tried to pass forged checks. He had once stolen a car. Defendant's criminal history does not appear to have involved any act of force or violence directed against his victims.

Defendant spent…