2006 Ohio Revised Code - 2911.01. Aggravated robbery.

§ 2911.01. Aggravated robbery.
 

(A)  No person, in attempting or committing a theft offense, as defined in section 2913.01 of the Revised Code, or in fleeing immediately after the attempt or offense, shall do any of the following: 

(1) Have a deadly weapon on or about the offender's person or under the offender's control and either display the weapon, brandish it, indicate that the offender possesses it, or use it; 

(2) Have a dangerous ordnance on or about the offender's person or under the offender's control; 

(3) Inflict, or attempt to inflict, serious physical harm on another. 

(B)  No person, without privilege to do so, shall knowingly remove or attempt to remove a deadly weapon from the person of a law enforcement officer, or shall knowingly deprive or attempt to deprive a law enforcement officer of a deadly weapon, when both of the following apply: 

(1) The law enforcement officer, at the time of the removal, attempted removal, deprivation, or attempted deprivation, is acting within the course and scope of the officer's duties; 

(2) The offender knows or has reasonable cause to know that the law enforcement officer is a law enforcement officer. 

(C)  Whoever violates this section is guilty of aggravated robbery, a felony of the first degree. 

(D)  As used in this section: 

(1) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code. 

(2) "Law enforcement officer" has the same meaning as in section 2901.01 of the Revised Code and also includes employees of the department of rehabilitation and correction who are authorized to carry weapons within the course and scope of their duties. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 139 v S 199 (Eff 1-5-83); 140 v S 210 (Eff 7-1-83); 146 v S 2 (Eff 7-1-96); 147 v H 151. Eff 9-16-97.
 

Not analogous to former RC § 2911.01 (RS § 7076; 70 v 39; 73 v 20; 74 v 41; GC § 13104; 124 v 466; Bureau of Code Revision, 10-1-53; 129 v 344), repealed 134 v H 511, § 2, eff 1-1-74.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section is framed around the precept that the difference between simple theft and robbery should be that robbery contains an element of actual or threatened personal harm to the victim; and that the degree of actual or potential harm involved should determine the seriousness of a robbery. Thus, aggravated robbery includes not only robbery while armed, but also robbery in which the offender inflicts or attempts serious personal harm, whether he is armed or not, since in both cases there is a high degree of actual or potential harm to persons. 

Theft is the basic element in the section, although attempted theft, actual commission of a theft, and flight after the attempt or commission are all included. Thus, a shoplifter who brandishes a gun during his getaway is guilty of an offense under the section. Under former law, the force was required to be in the taking and not in the escape. See, State v. Strear, 10 Ohio N.P.(NS) 204, 25 O. D. 277 (1910); Hanson v. State, 43 Ohio St. 376, 1 N.E. 136 (1885). Examples of violation include the purse-snatcher who knocks an old lady down and thus causes her to break her hip, the pickpocket who when discovered makes a break for freedom and seriously injures a bystander impeding his flight, and the stick-up artist who relieves another of his wallet at knifepoint but does not harm or attempt to harm his victim. 

Aggravated robbery is a felony of the first degree.