H.B. 222 Enrolled

ROBBERY AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Craig A. Frank

LONG TITLE
General Description:
This bill specifies that one of the elements of the offense of robbery is the intent to
deprive the victim of personal property.
Highlighted Provisions:
This bill:
. is in response to a recent Utah Supreme Court case stating that proof of a robbery
offense requires proof of an intent to deprive, although this element is not stated in
the current robbery statute; and
. amends the robbery statute to reflect this Utah Supreme Court case.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-6-301, as last amended by Chapter 222, Laws of Utah 1995

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-6-301 is amended to read:
76-6-301. Robbery.
(1) A person commits robbery if:
(a) the person unlawfully and intentionally takes or attempts to take personal property
in the possession of another from his person, or immediate presence, against his will, by means

of force or fear, and with a purpose or intent to deprive the person permanently or temporarily of
the personal property; or
(b) the person intentionally or knowingly uses force or fear of immediate force against
another in the course of committing a theft or wrongful appropriation.
(2) An act [shall be] is considered to be "in the course of committing a theft or wrongful
appropriation" if it occurs:
(a) in the course of an attempt to commit theft[,] or wrongful appropriation;
(b) in the commission of theft[,] or wrongful appropriation; or
(c) in the immediate flight after the attempt or commission.
(3) Robbery is a felony of the second degree.

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