Printable Format21-5420. Robbery; aggravated robbery. (a) Robbery is knowingly taking property from the person or presence of another by force or by threat of bodily harm to any person.
(b) Aggravated robbery is robbery, as defined in subsection (a), when committed by a person who:
(1) Is armed with a dangerous weapon; or
(2) inflicts bodily harm upon any person in the course of such robbery.
(c) (1) Robbery is a severity level 5, person felony.
(2) Aggravated robbery is a severity level 3, person felony.
History: L. 2010, ch. 136, ยง 55; July 1, 2011.
Source or Prior Law:
21-3426, 21-3427.
CASE ANNOTATIONS
1. Physical proximity is not determinative of presence element of aggravated robbery if property was so within victim's control that, if not overcome by violence, victim could have retained possession. State v. Brown, 306 Kan. 1145, 1159, 401 P.3d 611 (2017).
2. Convictions for attempted aggravated robbery, aggravated assault and attempted distribution or possession with intent to distribute a controlled substance are not multiplicitous with one another because the statutes for each require some element not required by the other two. State v. George, 311 Kan. 693, 699, 466 P.3d 469 (2020).
3. The use of force for the purpose of taking property from the person or presence of another can never be legally justified by the defense of self or another. State v. Holley, 315 Kan. 512, 519, 509 P.3d 542, 548 (2022).
4. The passenger had legal possession and control of the car so immediate that violence or intimidation was essential to take the car. Conviction for aggravated robbery with respect to the passenger was not multiplicitous. State v. Mendez, 319 Kan. 718, 733-35, 559 P.3d 792 (2024).