Delaware § 831 Robbery in the second degree; class E or D felony

Delaware Statutes

§ 831 — Robbery in the second degree; class E or D felony

Delaware·Title 11·Part Delaware Criminal Code·Ch. 5 SPECIFIC OFFENSES·Subch. Offenses Involving Property

(a)A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens the immediate use of force upon another person with intent to:

(1)Prevent or overcome resistance to the taking of the property or to the retention thereof immediately after the taking; or

(2)Compel the owner of the property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft.

(b)Except as provided in paragraph (d) of this section, robbery second degree is a class E felony.

(c)In addition to its ordinary meaning, the phrase “in the course of committing theft” includes any act which occurs in an attempt to commit theft or in immediate flight after the attempt or commission of the theft.

(d)Robbe

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(a) A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens the immediate use of force upon another person with intent to:

(1) Prevent or overcome resistance to the taking of the property or to the retention thereof immediately after the taking; or

(2) Compel the owner of the property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft.

(b) Except as provided in paragraph (d) of this section, robbery second degree is a class E felony.

(c) In addition to its ordinary meaning, the phrase “in the course of committing theft” includes any act which occurs in an attempt to commit theft or in immediate flight after the attempt or commission of the theft.

(d) Robbery in the second degree is a class D felony when, in the course of committing an offense under subsection (a) of this section, the person takes possession of a motor vehicle, and while in possession or control of such vehicle, the person does any of the following:

(1) Commits or attempts to commit a class D or greater felony.

(2) Drives or operates the vehicle in violation of § 4177 of Title 21.

(3) Commits any offense set forth in Chapter 47 of Title 16.

(4) Engages in conduct which causes or creates a substantial risk of physical injury to another person.

(e)Definitions relating to subsection (d) of this section. —

(1) “Another person” means and includes the owner of the motor vehicle or any operator, occupant, passenger of the motor vehicle or any other person who has an interest in the use of the motor vehicle which the offender is not privileged to infringe.

(2) “Motor vehicle” or “vehicle,” means its ordinary meaning and includes any watercraft.

Delaware § 831 (Robbery in the second degree; class E or D felony) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

11 Del. C. 1953, § 831; 58 Del. Laws, c. 497, § 1 ; 65 Del. Laws, c. 517, § 1 ; 67 Del. Laws, c. 130, § 8 ; 68 Del. Laws, c. 129, § 4 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 47, § 1 ; 82 Del. Laws, c. 216, § 1