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Introduced Version Senate Bill 43 History

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Senate Bill No. 43

(By Senators Foster and D. Facemire)

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[Introduced January 11, 2012; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as amended, relating to the criminal offenses of robbery and attempted robbery; creating offenses of robbery or attempted robbery causing serious bodily injury, robbery or attempted robbery with the discharge of a firearm, robbery or attempted robbery causing bodily injury and robbery or attempted robbery by presentation or threat of a deadly weapon; creating offenses of general robbery or attempted robbery; and establishing 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 and in the course thereof discharges a firearm or causes a victim or victims serious bodily injury as defined in section one, article eight-b of this chapter is guilty of the felony offense of aggravated robbery and upon conviction thereof shall be imprisoned in a state correctional facility for a determinate sentence of not less than twenty years.

    (b) Any person who commits or attempts to commit robbery and in the course thereof causes a victim or victims bodily injury as defined in section one, article eight-b of this chapter is guilty of the felony offense of robbery causing bodily injury and upon conviction, shall be imprisoned in a state correctional facility for a determinate sentence of not less than five nor more than sixty years.

    (c) Any person who commits or attempts to commit robbery by the presentation of a firearm or other deadly weapon or the pretense of possessing same is guilty of the felony offense of robbery by the use or threat of a deadly weapon and upon conviction thereof shall be imprisoned in a state correctional facility for a determinate sentence of not less than ten years nor more than fifty years.

    (d) Any person who commits robbery or attempted robbery in a manner other than those set forth in subsections (a), (b) or (c) of this section is guilty of a felony and, upon conviction shall be imprisoned in a state correctional facility for not less than five nor more than eighteen years.



    NOTE: The purpose of this bill is to create four levels of the offense of robbery. The levels are:

    (1) Robbery causing serious bodily injury or by discharge of a firearm;

    (2) Robbery causing bodily injury;

    (3) Robbery by presentation of deadly weapon; and

    (4) Robbery by all other means.


    This section has been completely rewritten; therefore, strike-throughs and underscoring have been omitted.

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