(1) A person who commits robbery is guilty of aggravated robbery if during the act of robbery or immediate flight therefrom:
He is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound theperson robbed or any other person; or
He knowingly wounds or strikes the person robbed or any other person with a deadlyweapon or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person robbed or any other person in reasonable fear of death or bodily injury; or
He has present a confederate, aiding or abetting the perpetration of the robbery, armed with a deadly weapon, with the intent, either on the part of the defendant or confederate, if resistance is offered, to kill, maim, or wound the person robbed or any other person, or by the use of force, threats, or intimidation puts the person robbed or any other person in reasonable fear of death or bodily injury; or
He possesses any article used or fashioned in a manner to lead any person who ispresent reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed.
Repealed.
Aggravated robbery is a class 3 felony and is an extraordinary risk crime that issubject to the modified presumptive sentencing range specified in section 18-1.3-401 (10).
If a defendant is convicted of aggravated robbery pursuant to paragraph (b) of subsection (1) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.
Source: L. 71: R&RE, p. 427, § 1. C.R.S. 1963: § 40-4-302. L. 77: (1)(b) amended, p. 963, § 23, effective July 1. L. 86: (4) added, p. 777, § 9, effective July 1. L. 89: (1)(d) added and (2) repealed, pp. 831, 861, §§ 43, 156, effective July 1. L. 90: (1)(c) amended, p. 925, § 9, effective March 27. L. 2002: (4) amended, p. 1515, § 197, effective October 1. L. 2004: (3) amended, p. 636, § 8, effective August 4.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002.