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SPONSOR: |
Sen. Poore & Rep. Brady |
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Sens. Hocker, Marshall; Rep. Spiegelman |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE BILL NO. 271 |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ROBBERY IN THE FIRST DEGREE. |
Section 1.Amend Title 11 of the Delaware Code by making the following addition (underlined):
§832 Robbery in the first degree.
(a) Any person is guilty of robbery in the first degree when the person commits the crime of robbery in the second degree and when, in the course of the commission of the crime or of immediate flight there-from, the person or another participant in the crime:
(1) Causes physical injury to any person who is not a participant in the crime; or
(2) Displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon; or
(3) Is armed with and uses or threatens the use of a dangerous instrument; or
(4) Commits said crime against a person who is 62 years of age or older; or
(5) Threatens death upon another.
Robbery in the first degree is a class B felony.
SYNOPSIS
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This Act makes a revision to the Delaware Code for the purpose of closing a loophole in the robbery first degree statute, whereby a criminal can threaten to kill someone during the course of committing theft and receive a lesser sanction than by threatening to shoot someone.Specifically, this Act makes it a crime of robbery in the first degree by threatening death upon another during the commission of robbery in the second degree, adding subsection (a)(5). |
Author:Senator Poore