Armed felony to be charged separately from principal felony charge--No offense charged when dangerous weapon an element of principal felony.

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22-14-14. Armed felony to be charged separately from principal felony charge--No offense charged when dangerous weapon an element of principal felony.

A violation of §22-14-12 shall be charged in the indictment or information as a separate count in addition to the principal felony or attempted felony alleged to have been committed. No offense may be charged under those sections if the use of a dangerous weapon is a necessary element of the principal felony alleged to have been committed or attempted.

Source: SL 1976, ch 158, §14-8; SL 2005, ch 120, §254.


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