16-8-41
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16-8-41.
(a)
A person commits the offense of armed robbery when, with intent to commit theft,
he or she takes property of another from the person or the immediate presence of
another by use of an offensive weapon, or any replica, article, or device having
the appearance of such weapon. The offense of robbery by intimidation shall be a
lesser included offense in the offense of armed robbery.
(b)
A person convicted of the offense of armed robbery shall be punished by death or
imprisonment for life or by imprisonment for not less than ten nor more than 20
years.
(c)(1)
The preceding provisions of this Code section notwithstanding, in any case in
which the defendant commits armed robbery and in the course of the commission of
the offense such person unlawfully takes a controlled substance from a pharmacy
or a wholesale druggist and intentionally inflicts bodily injury upon any
person, such facts shall be charged in the indictment or accusation and, if
found to be true by the court or if admitted by the defendant, the defendant
shall be punished by imprisonment for not less than 15 years.
(2)
As used in this subsection, the term:
(A)
'Controlled substance' means a drug, substance, or immediate precursor in
Schedules I through V of Code Sections 16-13-25 through 16-13-29.
(B)
'Pharmacy' means any place licensed in accordance with Chapter 4 of Title 26
wherein the possessing, displaying, compounding, dispensing, or retailing of
drugs may be conducted, including any and all portions of any building or
structure leased, used, or controlled by the licensee in the conduct of the
business licensed by the State Board of Pharmacy at the address for which the
license was issued. The term pharmacy shall also include any building,
warehouse, physician´s office, or hospital used in whole or in part for the
sale, storage, or dispensing of any controlled substance.
(C)
'Wholesale druggist' means an individual, partnership, corporation, or
association registered with the State Board of Pharmacy under Chapter 4 of Title
26.
(d)
Any person convicted under this Code section shall, in addition, be subject to
the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.