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Robbery

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Robbery

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  1.  (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.

  2. 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 Robbery

  3. (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 another person.

  4. (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 Armed Robbery

  5. (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.

  6. 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 Aggravated Robbery

  7. 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

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