(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.
Robbery
• A person commits robbery • Mens rea/Mental State
when he or she takes property
from the person or presence of – General Intent
another by the use of force or • Actus Reus/Criminal Act
by threatening the imminent
use of force. – Takes property from
the person or
presences of another
• Attendant Circumstances
– Used force or
threatened use of
force
(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
Armed Robbery
• (1) he or she carries on or about his or • Mens rea/Mental State
her person or is otherwise armed with – General Intent
a dangerous weapon other than a • Actus Reus/Criminal Act
firearm; or – Takes Property
(2) he or she carries on or about his or • Attendant Circumstances
her person or is otherwise armed with – Used force or threatened use of force
a firearm; or AND
(3) he or she, during the commission – Armed with a dangerous weapon
of the offense, personally discharges a – Armed with a firearm
firearm; or – Discharged a firearm
(4) he or she, during the commission – Discharged a firearm that proximately
of the offense, personally discharges a causes great bodily harm, permanent
firearm that proximately causes great disability, permanent disfigurement, or
bodily harm, permanent disability, death to another person
permanent disfigurement, or death to
another person.
(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.
Aggravated Robbery
• A person commits aggravated robbery • Mens Rea/Mental State
when he or she takes property from
the person or presence of another by – General Intent
the use of force or by threatening the • Actus Reus/Criminal Act
imminent use of force while indicating
verbally or by his or her actions to the – Takes property from the
victim that he or she is presently person or presences of
armed with a firearm or other another
dangerous weapon, including a knife,
club, ax, or bludgeon. This offense • Attendant Circumstances
shall be applicable even though it is – Indicating he or she is
later determined that he or she had no
armed with a dangerous
firearm or other dangerous weapon,
including a knife, club, ax, or bludgeon, weapon
in his or her possession when he or
she committed the robbery.
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