Transcript (720 ILCS 5/Art. 18 heading) ARTICLE 18. ROBBERY (720 ILCS

(720 ILCS 5/Art. 18 heading)
ARTICLE 18. ROBBERY
(720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
Sec. 18-1. Robbery.
(a) A person commits robbery when he or
she takes property, except a motor vehicle
covered by Section 18-3 or 18-4, from the
person or presence of another by the use of
force or by threatening the imminent use of
force.
Robbery
• A person commits robbery
when he or she takes property
from the person or presence of
another by the use of force or
by threatening the imminent
use of force.
• Mens rea/Mental State
– General Intent
• Actus Reus/Criminal Act
– Takes property from
the person or
presences of another
• Attendant Circumstances
– Used force or
threatened use of
force
(720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
Sec. 18-2. Armed robbery.
(a) A person commits armed robbery when he or
she violates Section 18-1; and
(1) he or she carries on or about his or her
person or is otherwise armed with a dangerous
weapon other than a firearm; or
(2) he or she carries on or about his or her
person or is otherwise armed with a firearm; or
(3) he or she, during the commission of the
offense, personally discharges a firearm; or
(4) he or she, during the commission of the
offense, personally discharges a firearm that
proximately causes great bodily harm, permanent
disability, permanent disfigurement, or death to
Armed Robbery
•
(1) he or she carries on or about his or
her person or is otherwise armed with
a dangerous weapon other than a
firearm; or
(2) he or she carries on or about his or
her person or is otherwise armed with
a firearm; or
(3) he or she, during the commission
of the offense, personally discharges a
firearm; or
(4) he or she, during the commission
of the offense, personally discharges a
firearm that proximately causes great
bodily harm, permanent disability,
permanent disfigurement, or death to
another person.
•
•
•
Mens rea/Mental State
– General Intent
Actus Reus/Criminal Act
– Takes Property
Attendant Circumstances
– Used force or threatened use of force
AND
– Armed with a dangerous weapon
– Armed with a firearm
– Discharged a firearm
– Discharged a firearm that proximately
causes great bodily harm, permanent
disability, permanent disfigurement, or
death to another person
(720 ILCS 5/18-5)
Sec. 18-5. Aggravated robbery.
(a) A person commits aggravated robbery when he or she takes
property from the person or presence of another by the use of force or
by threatening the imminent use of force while indicating verbally or by
his or her actions to the victim that he or she is presently armed with a
firearm or other dangerous weapon, including a knife, club, ax, or
bludgeon. This offense shall be applicable even though it is later
determined that he or she had no firearm or other dangerous weapon,
including a knife, club, ax, or bludgeon, in his or her possession when
he or she committed the robbery.
(a-5) A person commits aggravated robbery when he or she takes
property from the person or presence of another by delivering (by
injection, inhalation, ingestion, transfer of possession, or any other
means) to the victim without his or her consent, or by threat or
deception, and for other than medical purposes, any controlled
substance.
Aggravated Robbery
•
A person commits aggravated robbery
when he or she takes property from
the person or presence of another by
the use of force or by threatening the
imminent use of force while indicating
verbally or by his or her actions to the
victim that he or she is presently
armed with a firearm or other
dangerous weapon, including a knife,
club, ax, or bludgeon. This offense
shall be applicable even though it is
later determined that he or she had no
firearm or other dangerous weapon,
including a knife, club, ax, or bludgeon,
in his or her possession when he or
she committed the robbery.
• Mens Rea/Mental State
– General Intent
• Actus Reus/Criminal Act
– Takes property from the
person or presences of
another
• Attendant Circumstances
– Indicating he or she is
armed with a dangerous
weapon
Terry Search/Stop & Frisk
• Grounds
– Lawful stop based on Reasonable Suspicion that criminal activity
has just occurred, is occurring, or will occur in the imminent
future and
– Reasonable suspicion that the subject is armed and dangerous
• Rational
– Officer Safety
• Scope
– Persons outer garments which could secrete a weapon
– Containers which may be used to hide a weapon which may be
used to harm P.O.
• Intensity
– Limited to outer garments or areas of the person where weapons
could be hidden
– Containers if they are situated within proximity to pose a risk to
PO’s safety