1.131 — ARMED ROBBERY
Violations of "Statute 1.131" results in a Class F Felony with restitution to the victim for any damages or losses incurred.
(a) Definitions
Armed robbery is defined as the unlawful taking of another person's property from their immediate presence or person, accomplished by force, violence, fear, or intimidation, while armed with a deadly weapon or firearm, with the intent to permanently deprive them of the property.
(b) Elements
To prove armed robbery, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant took another person's property.
The property was taken from the immediate presence or person of the victim.
The taking was accomplished by force, violence, fear, or intimidation.
The defendant was armed with a deadly weapon or firearm during the commission of the robbery.
The defendant intended to permanently deprive the victim of the property.
(c) Defenses
Defenses to a charge of vehicular manslaughter may include, but are not limited to:
Lack of causation: The defendant's actions were not the direct cause of the victim's death.
Accident: The death was the result of an unforeseeable accident and not the result of the defendant's gross negligence.
Sudden emergency: The defendant acted reasonably in response to a sudden and unforeseen emergency situation.
(d) Aggravating Factors
Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:
Prior convictions for similar offenses.
Excessive speeding, reckless driving, or driving under the influence of alcohol or drugs at the time of the offense.
Multiple victims or fatalities resulting from the same incident.
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