Senate Bill No. 12
(By Senator Buckalew)
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[Introduced February 12, 1997; referred to the
Committee on the Judiciary.]
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A BILL to amend and reenact section twelve, article two, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to creating
separate degrees of robbery and separate penalties for each
degree.
Be it enacted by the Legislature of West Virginia:
That section twelve, article two, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-12. Robbery or attempted robbery; penalties.
(a) If any person commits or attempts to commit robbery by:
(1) Using violence to the person, including, but not limited
to, partial strangulation or suffocation, or striking or beating; or (2) uses the threat of deadly force, including, but not limited to, the presenting of a firearm or other deadly weapon,
he or she is guilty of robbery in the first degree and, upon
conviction thereof, shall be imprisoned in a state correctional
facility not less than ten years.
(b) If any person commits or attempts to commit robbery of
more than two hundred dollars or of items valued at more than two
hundred dollars through intimidation by placing the victim in
fear of bodily injury, he or she is guilty of robbery in the
second degree and, upon conviction thereof, shall be imprisoned
in a state correctional facility not less than five nor more than
eighteen years.
(c) If any person commits or attempts to commit robbery of
two hundred dollars or less or of items valued at two hundred
dollars or less through intimidation by placing the victim in
fear of bodily injury, he or she is guilty of robbery in the
third degree and, upon conviction thereof, shall be confined in
the county jail for not more than one year or imprisoned in a
state correctional facility for not more than two years.
NOTE: The purpose of this bill is to create different
degrees of robbery and to provide different penalties for each
degree.
This section has been completely rewritten; therefore,
strike-throughs and underscoring have been omitted.