(a) A person is guilty of robbery in the first degree if, in the course of committing a theft, he: (1) attempts to kill another; or (2) intentionally inflicts or attempts to inflict serious bodily injury upon another. (b) Robbery in the first degree is a felony of the first degree. In the case of robbery in the first degree, the court shall impose a sentence of imprisonment of a minimum term of ten (10) years and may impose a maximum of up to twenty-five (25) years; the minimum term imposed shall not be suspended nor probation be imposed in lieu of said minimum term nor shall parole, work release or educational programs outside the confines of prison be granted before completion of the minimum term. The sentence shall include a special parole term of not less than three (3) years in addition to such time of imprisonment. SOURCE: G.P.C. §§ 211-213; M.P.C. 222.1; Cal. § 1016 (1971); Mass. ch. 266, § 16; N.J. 2C:19-1. Subsection (b) amended by P.L. 19-6:9; as amended by P.L. 14-143. CROSS-REFERENCES: §§ 40.20 and 40.30 (2nd and 3rd degree robbery); § 16.10 (serious bodily injury). COMMENT: Three (3) degrees of robbery are created by this Section, eliminating the former crimes of robbery and Aarmed robbery.@ Robbery consists of theft and actual or threatened injury. While the traditional kind of robbery includes the taking from the Aperson or immediate presence,@ this Chapter will also apply, for example, where the offender threatens to shoot the victim in order to compel him to telephone directions for the disposition of property elsewhere. The degrees of robbery relate to the seriousness of the injury threatened or inflicted upon the victim. Unlike the Model Code, but consistent with former law, use of force or threatened imminent use of force constitutes robbery even though the personal injury caused or threatened does not amount to Aserious bodily injury.@ See § 16.10 (serious bodily injury defined); § 40.30 (third degree robbery). Armed robbery is no longer a separate aggravating factor.
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