Robbery

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Robbery is a theft crime that involves the use of force or fear to permanently deprive another person of his or her personal property. Robbery is a crime of specific intent. By definition, robbery is a very personal crime; the victim must be present and the property must be taken either directly from the victim’s body or from the victim’s immediate vicinity. Robbery is always charged as a felony. Armed robbery is a robbery where the perpetrator uses or threatens deadly force.
The use of a gun or knife, or any object viewed as a weapon, enhances the offense to aggravated robbery. Any robbery where the victim is physically injured or a vehicle is stolen will also be charged as aggravated robbery. Armed and aggravated robbery charges are very serious offenses that can result in length jail sentences up to life in prison.
 

76-6-301.   Robbery.

            (1) A person commits robbery if:
            (a) the person unlawfully and intentionally takes or attempts to take personal property in the possession of another from his person, or immediate presence, against his will, by means of force or fear, and with a purpose or intent to deprive the person permanently or temporarily of the personal property; or
            (b) the person intentionally or knowingly uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation.
            (2) An act is considered to be “in the course of committing a theft or wrongful appropriation” if it occurs:
            (a) in the course of an attempt to commit theft or wrongful appropriation;
            (b) in the commission of theft or wrongful appropriation; or
            (c) in the immediate flight after the attempt or commission.
            (3) Robbery is a felony of the second degree.

76-6-302.   Aggravated robbery.

            (1) A person commits aggravated robbery if in the course of committing robbery, he:

            (a) uses or threatens to use a dangerous weapon as defined in Section 76-1-601;

            (b) causes serious bodily injury upon another; or

            (c) takes or attempts to take an operable motor vehicle.

            (2) Aggravated robbery is a first degree felony.

            (3) For the purposes of this part, an act shall be considered to be “in the course of committing a robbery” if it occurs in an attempt to commit, during the commission of, or in the immediate flight after the attempt or commission of a robbery.

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