SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version Senate Bill 60 History

OTHER VERSIONS  -  Committee Substitute (1)  |     |  Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 60

(By Senators Jenkins and Plymale)

____________

[Introduced January 9, 2008; referred to the Committee on the Judiciary.]

____________




A BILL to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as amended, relating to threatening to use a firearm or other deadly weapon as an element of robbery in the first degree; and providing criminal penalties.

Be it enacted by the Legislature of West Virginia:
That §61-2-12 of the Code of West Virginia, 1931, 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) Any person who commits or attempts to commit robbery by: (1) Committing violence to the person, including, but not limited to, partial strangulation or suffocation or by striking or beating; or
(2) Uses the threat of deadly force by the presenting of use or threatened use of a firearm or other deadly weapon, 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) Any person who commits or attempts to commit robbery by placing the victim in fear of bodily injury by means other than those set forth in subsection (a) of this section or any person who commits or attempts to commit robbery by the use of any means designed to temporarily disable the victim, including, but not limited to, the use of a disabling chemical substance or an electronic shock device, is guilty of robbery in the second degree and, upon conviction thereof, shall be confined in a correctional facility for not less than five years nor more than eighteen years.
(c) If any person:
(1) By force and violence, or by putting in fear, feloniously takes, or feloniously attempts to take, from the person or presence of another any property or money or any other thing of value belonging to, or in the care, custody, control, management or possession of, any bank, he shall be or she is guilty of a felony and, upon conviction, shall be confined in the penitentiary a correctional facility not less than ten nor more than twenty years; and
(2) If any person in committing, or in attempting to commit, any offense defined in the preceding clause subdivision (1) of this subsection assaults any person, or puts in jeopardy the life of any person, by the use of a dangerous weapon or device disabling chemical substance or an electronic shock device, he shall be or she is guilty of a felony and, upon conviction, shall be confined in the penitentiary a correctional facility not less than ten years nor more than twenty-five years.


NOTE: The purpose of this bill is to abolish the presenting of a firearm or other deadly weapon as an element of robbery in the first degree.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print