§ 11-39-2 - Robbery of the owner, lessor, or occupant of a motor vehicle.
SECTION 11-39-2
§ 11-39-2 Robbery of the owner, lessor, oroccupant of a motor vehicle. – (a) Every person who shall unlawfully seize a motor vehicle from its lawfulowner, lessor, or occupant by use or threat of use of a dangerous weaponagainst the owner, lessor, or occupant resulting in serious bodily injury, asdefined in § 11-5-10.2, shall be guilty of first degree robbery and shallbe imprisoned for not less than ten (10) years and may be imprisoned for life,or fined not more than fifteen thousand dollars ($15,000), or both. In all suchcases, the justice imposing sentence shall impose a minimum sentence of ten(10) years imprisonment and may only impose a sentence less than the minimum ifhe or she finds that substantial and compelling circumstances exist whichjustify imposition of the alternative sentence. That finding may be based uponthe character and background of the defendant, the cooperation of the defendantwith law enforcement authorities, the nature and circumstances of the offense,and/or the nature and quality of the evidence presented at trial. If a sentencewhich is less than imprisonment for a term of ten (10) years is imposed, thetrial justice shall set forth on the record the circumstances which he or shefound as justification for imposition of the lesser sentence. A personsentenced to prison for violation of this subsection shall not be eligible forparole until at least one-half ( 1/2) of the sentence has been served in prison.
(b) Every person who shall unlawfully seize a motor vehiclefrom its lawful owner, lessor, or occupant by force or threat of force againstthe owner, lessor, or occupant shall be guilty of second degree robbery andshall be imprisoned for not less than five (5) years nor more than thirty (30)years, or fined not more than ten thousand dollars ($10,000), or both.
(c) Every person who shall commit robbery of a motor vehicleby seizing it from its lawful owner, lessor, or occupant under thecircumstances set forth in subsection (a) or (b) of this section, resulting inthe death of the owner, lessor or occupant, shall be guilty of first degreemurder and shall be sentenced to life imprisonment, and may be sentenced tolife imprisonment without parole if ordered by the court pursuant to chapter19.2 of title 12. A person sentenced to life imprisonment for violation of thissubsection shall not be eligible for parole until at least twenty (20) years ofthe sentence has been served in prison.