REPORT TITLE:
Robbery; Dangerous instrument


DESCRIPTION:
Defines the elements that constitute robbery offenses and amends
definition of "dangerous weapon" to include an animal that in the
manner used or threatened to be used is capable of producing
death or serious bodily injury. (SB919 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        919
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO ROBBERY.


 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 708-840, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§708-840  Robbery in the first degree.(1)  A person
 
 4 commits the offense of robbery in the first degree if, in the
 
 5 course of committing theft:
 
 6      (a)  The person attempts to kill another, or intentionally
 
 7           or knowingly inflicts or attempts to inflict serious
 
 8           bodily injury upon another; or
 
 9      (b)  The person is armed with a dangerous instrument and:
 
10           (i)  The person uses force against the person of anyone
 
11                present with intent to overcome that person's
 
12                physical resistance or physical power of
 
13                resistance; or
 
14          (ii)  The person threatens the imminent use of force
 
15                against the person of anyone who is present with
 
16                intent [to compel acquiescence to the taking of or
 
17                escaping] to take or escape with the property,
 
18                regardless of whether the person threatened is
 
19                aware of the taking of the property.
 

 
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 1      (2)  As used in this section, "dangerous instrument" means
 
 2 any firearm, whether loaded or not, and whether operable or not,
 
 3 or other weapon, device, instrument, material, or substance,
 
 4 whether animate or inanimate, or an animal, which in the manner
 
 5 it is used or threatened to be used is capable of producing death
 
 6 or serious bodily injury.
 
 7      (3)  Robbery in the first degree is a class A felony."
 
 8      SECTION 2.  Section 708-841, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§708-841  Robbery in the second degree.(1)  A person
 
11 commits the offense of robbery in the second degree if, in the
 
12 course of committing theft: 
 
13      (a)  The person uses force against the person of anyone
 
14           present with the intent to overcome that person's
 
15           physical resistance or physical power of resistance; 
 
16      (b)  The person threatens the imminent use of force against
 
17           the person of anyone who is present with intent [to
 
18           compel acquiescence to the taking of or escaping] to
 
19           take or escape with the property, regardless of whether
 
20           the person threatened is aware of the taking of the
 
21           property; or
 
22      (c)  The person recklessly inflicts serious bodily injury
 
23           upon another. 
 
24      (2)  Robbery in the second degree is a class B felony."
 

 
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 1      SECTION 3.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 4.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 5.  This Act shall take effect upon its approval.