Armed Robbery

[Hayden]

Is this a new law or a change to a current law: New law

What law do you wish to change/add:

9.8 Armed Robbery

A person is guilty of this offence if they steal or attempt to steal posessions through the use of intimidation that involves a firearm, an imitation firearm or an offensive weapon, as defined under article 7.3.

Felony - liable to 7 years maximum imprisonment, $7,000 maximum fine and asset forfeiture.​

Why should this change/addition be made: The way the penal code is currently setup, events such as bank robberies don't actually carry an offence that is really too serious. Usually convictions for 10 years and a $10,000 ticket rely on the robber shooting/killing someone during it or authorisation from a Lieuteant+ to go over the maximum charge. I also feel if someone is mugged at gunpoint, they should be given a much more serious charge instead of 9.3/11.6.

What is the aim of this change/addition: This law would aim to cover armed robberies on properties, on others and the bank.

Additional Information: Inspired by https://www.legislation.gov.uk/ukpga/1968/60/section/8 and https://www.legislation.gov.uk/ukpga/2007/27/schedule/1/part/2/crossheading/armed-robbery-etc

Wording can probably be improved, please comment below if you have any additions/concerns over this propsed change.

 

[Auris]

i reckon if they commit 9.2 in the commission of this crime the sentence should be bumped up to 10 year's instead of 7

 

[Collier]

McGlinchy and I were literally talking about this as we were going through some law reforms earlier. I want this

 

[Auris]

McGlinchy and I were literally talking about this as we were going through some law reforms earlier. I want this

have a look at 18 U.S. Code § 2113 - Bank robbery and incidental crimes | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu) for some more info but the issue im having with this charge is that this would only really be a acceptable charge if they didnt commit a nother crime such at 9.2 in the commison of it making it a rare arrest

 

[Hayden]

have a look at 18 U.S. Code § 2113 - Bank robbery and incidental crimes | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu) for some more info but the issue im having with this charge is that this would only really be a acceptable charge if they didnt commit a nother crime such at 9.2 in the commison of it making it a rare arrest

Why can it only be given if they haven't commited another serious crime? While you can't stack charges, you can still be charged for both and given the max of the highest sentence.

 

[Auris]

Why can it only be given if they haven't commited another serious crime? While you can't stack charges, you can still be charged for both and given the max of the highest sentence.

yeah true

 

[LinkerNippel]

A robbery is not always armed, there are specific constituent elements that are required to fulfil the offense.

A normal robbery is commited with using simple physical force against the person or with a threat of harm for their life. Furthermore it must happen with the intention of taking any moveable items from another person and use it for yourself after you stole it from the person.
That is the simple robbery.

The armed robbery has 2 parts.
In the beginning, it has the exact same elemts like the simple robbery.
What makes the difference here is:
- The suspect has to carry a weapon or a dangerous tool that can be used to harm the victim
The suspect does NOT have to carry the weapon visible and does NOT have to use it.
The elements of an armed robbery are fulfilled anyways.
The second part of this offense now are going into the direction of the suspect actively using it.
- The suspect has to use the weapon or dangerous tool against the victim
- the suspect has to harm the victim heavily
- the suspect has to bring the victim into immedeate danger of life

One of the three points is fulfilled?
congrats, you are a suspect of armed robbery.
but it is important to make a difference between a normal robbery and an armed robbery.
also it is important if the suspect actually uses the weapon or dangerous tool against the victim or just carries it with them.

Maybe do it like
9.8 Simple Robbery
9.8.1 Armed Robbery

 

[Hayden]

A robbery is not always armed, there are specific constituent elements that are required to fulfil the offense.

A normal robbery is commited with using simple physical force against the person or with a threat of harm for their life. Furthermore it must happen with the intention of taking any moveable items from another person and use it for yourself after you stole it from the person.
That is the simple robbery.

The armed robbery has 2 parts.
In the beginning, it has the exact same elemts like the simple robbery.
What makes the difference here is:
- The suspect has to carry a weapon or a dangerous tool that can be used to harm the victim
The suspect does NOT have to carry the weapon visible and does NOT have to use it.
The elements of an armed robbery are fulfilled anyways.
The second part of this offense now are going into the direction of the suspect actively using it.
- The suspect has to use the weapon or dangerous tool against the victim
- the suspect has to harm the victim heavily
- the suspect has to bring the victim into immedeate danger of life

One of the three points is fulfilled?
congrats, you are a suspect of armed robbery.
but it is important to make a difference between a normal robbery and an armed robbery.
also it is important if the suspect actually uses the weapon or dangerous tool against the victim or just carries it with them.

Maybe do it like
9.8 Simple Robbery
9.8.1 Armed Robbery

I'll copy what I wrote in our PM:

I only included 'Armed Robbery' because theft usually covers more robbery where an offensive weapon hasn't been used, but I guess two laws could work; you could probably have regular robbery too which carries 5 years or something. Another reason was because 95% of robberies on PERP are armed ones like raiding a base or robbing the bank.

 

[Tyla Jai]

I like your idea so have made my own alternative

Theft Related Offences - Theft, Burglary, Robbery & Aggravated Burglary

Is this a new law or a change to a current law: Both What law do you wish to change/add: I will write the laws properly if this is accepted, but here is a general gist of the differences between these offences. In doing this we would be re-writing the theft law as-well as removing the "breaking...

perpheads.com

Although I don't think an armed robbery law should be created specifically I think a form of robbery, aggravated burglary, burglary etc should be created to provide greater punishments for these offences. IRL there is no specific legislation covering armed robbery other than some nonsense in the serious crime act 2007 which seems to create aggravating factors to justify higher punishments for what is a normal robbery. See what u think of my suggestion

 

[Hayden]

Resolved by https://perpheads.com/threads/theft...t-burglary-robbery-aggravated-burglary.44515/