COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 108
(By Senator Craigo)
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[Originating in the Committee on the Judiciary;
reported January 28, 1998.]
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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 including the
use of mace or pepper spray in the definition of aggravated
robbery.
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; bank robbery and
assaults in committing or attempting; penalties.
(a) If any person commit or attempt to commit Any person
who commits or attempts to commit robbery by partial
strangulation or suffocation, or by striking or beating, or by
other violence to the person, or by the threat or presenting of firearms, or other deadly weapon weapons or instrumentality
instrumentalities, whatsoever, by the use of mace, pepper spray
or similar disabling chemical substance or by the use of a stun
gun or similar electronic shock device, he shall be is guilty of
a felony and, upon conviction, shall be confined in the
penitentiary imprisoned for not less than ten years. If any
person commit or attempt Any person who commits or attempts to
commit a robbery in any other mode or by any other means, except
as provided for in the succeeding paragraph subsection (b) of
this section, he shall be is guilty of a felony and, upon
conviction, shall be confined in the penitentiary imprisoned for
not less than five nor more than eighteen years.
(b)(1) If any person (a) Any person who, 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 is guilty of a felony and, upon conviction, shall be
confined in the penitentiary imprisoned for not less than ten nor
more than twenty years; and and if any person (2) Any person who,
(b) in committing or in attempting to commit any offense defined
in the preceding clause (a) of this paragraph 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, he
shall be is guilty of a felony and, upon conviction, shall be confined in the penitentiary imprisoned for not less than ten
years nor more than twenty-five years.
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(NOTE: The purpose of this bill is to include mace and
pepper spray as dangerous weapons for purposes of determining
what constitutes aggravated robbery.)