22-30-1. Robbery defined. Robbery is the intentional taking of personal property, regardless of value, in the possession of another from the other’s person or immediate presence, and against the other’s will, accomplished by means of force or fear of force, unless the property is taken pursuant to law or process of law. Source: SDC 1939, […]
22-30-2. Requisite force or fear–Force or fear to escape–Degree of force immaterial. To constitute robbery, force or fear of force must be employed either to obtain or retain possession of the property or to prevent or overcome resistance to the taking. If employed merely as a means of escape, it does not constitute robbery. The […]
22-30-3. Fear of force necessary to robbery. The fear of force which constitutes an element of the offense of robbery may be either: (1)The fear of an injury, immediate or future, to the person or property of the person robbed, or of any relative or family member of the person robbed; or (2)The fear of […]
22-30-4. Taking without knowledge of victim not robbery. The taking of property from the person of another or in the immediate presence of the person is not robbery if it clearly appears that the taking was fully completed without the person’s knowledge. Source: SDC 1939, §13.2601; SL 1976, ch 158, §30-3; SL 2005, ch 120, […]
22-30-6. Degrees of robbery. Robbery, if accomplished by the use of a dangerous weapon, or by the use of a physical object simulating a dangerous weapon, is robbery in the first degree. Robbery, if accomplished in any other manner, is robbery in the second degree. Source: SDC 1939, §13.2603; SL 2005, ch 120, §28; SL […]
22-30-7. Felony classes of robbery. Robbery in the first degree is a Class 2 felony. Robbery in the second degree is a Class 4 felony. Source: SDC 1939, §13.2603; SL 1976, ch 158, §30-4.
