Senate Bill No. 421
(By Senators Buckalew and Kimble)
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[Introduced February 16, 1996; 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 shall be guilty of robbery in the first degree, and,
upon conviction thereof, shall be confined in the penitentiary
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 shall be guilty of robbery in
the second degree, and, upon conviction thereof, shall be
confined in the penitentiary 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 shall be 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 confined in the
penitentiary 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,
underlining and strike-throughs have been omitted.
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