§ 11-39-2. Robbery of the owner, lessor, or occupant of a motor vehicle.
(a) Every person who shall unlawfully seize a motor vehicle from its lawful owner, lessor,
or occupant by use or threat of use of a dangerous weapon against the owner, lessor,
or occupant resulting in serious bodily injury, as defined in § 11-5-10.2, shall be guilty of first degree robbery and shall be imprisoned for not less than
ten (10) years and may be imprisoned for life, or fined not more than fifteen thousand
dollars ($15,000), or both. In all such cases, the justice imposing sentence shall
impose a minimum sentence of ten (10) years imprisonment and may only impose a sentenc
Free access — add to your briefcase to read the full text and ask questions with AI
§ 11-39-2. Robbery of the owner, lessor, or occupant of a motor vehicle.
(a) Every person who shall unlawfully seize a motor vehicle from its lawful owner, lessor,
or occupant by use or threat of use of a dangerous weapon against the owner, lessor,
or occupant resulting in serious bodily injury, as defined in § 11-5-10.2, shall be guilty of first degree robbery and shall be imprisoned for not less than
ten (10) years and may be imprisoned for life, or fined not more than fifteen thousand
dollars ($15,000), or both. In all such cases, the justice imposing sentence shall
impose a minimum sentence of ten (10) years imprisonment and may only impose a sentence
less than the minimum if he or she finds that substantial and compelling circumstances
exist which justify imposition of the alternative sentence. That finding may be based
upon the character and background of the defendant, the cooperation of the defendant
with law enforcement authorities, the nature and circumstances of the offense, and/or
the nature and quality of the evidence presented at trial. If a sentence which is
less than imprisonment for a term of ten (10) years is imposed, the trial justice
shall set forth on the record the circumstances which he or she found as justification
for imposition of the lesser sentence. A person sentenced to prison for violation
of this subsection shall not be eligible for parole until at least one-half (½) of
the sentence has been served in prison.
(b) Every person who shall unlawfully seize a motor vehicle from its lawful owner, lessor,
or occupant by force or threat of force against the owner, lessor, or occupant shall
be guilty of second degree robbery and shall be imprisoned for not less than five
(5) years nor more than thirty (30) years, or fined not more than ten thousand dollars
($10,000), or both.
(c) Every person who shall commit robbery of a motor vehicle by seizing it from its lawful
owner, lessor, or occupant under the circumstances set forth in subsection (a) or
(b) of this section, resulting in the death of the owner, lessor or occupant, shall
be guilty of first degree murder and shall be sentenced to life imprisonment, and
may be sentenced to life imprisonment without parole if ordered by the court pursuant
to chapter 19.2 of title 12. A person sentenced to life imprisonment for violation of this subsection shall not
be eligible for parole until at least twenty (20) years of the sentence has been served
in prison.