(a) A person is guilty of robbery in the first degree when the person commits the crime of robbery in the second degree and when, in the course of the commission of the crime or of immediate flight therefrom, the person or another participant in the crime:
(1) Causes physical injury to any person who is not a participant in the crime; or
(2) Displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon; or
(3) Is armed with and uses or threatens the use of a dangerous instrument; or
(4) Commits said crime against a person who is 65 years of age or older; or
(5) Threatens death upon another.
Robbery in the first degree is a class B felony.
(b) Notwithstanding any provisions of this section or Code to the contrary, any person convicted of robbery in the first degree shall receive a minimum sentence of:
(1) Three years at Level V; or
(2) Five years at Level V if the conviction was either of the following:
a. For an offense that was committed pursuant to paragraph (a)(3) of this section and the deadly weapon was a firearm, and within 7 years of the date of a previous conviction for robbery in the first degree or if the conviction is for an offense that was committed within 7 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for robbery in the first degree, whichever is the later date.
b. For an offense committed within 2 years of the date of a previous conviction for robbery in the first degree or if the conviction is for an offense that was committed within 2 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for robbery in the first degree, whichever is the later date.
(c) The sentencing provisions of this section apply to attempted robbery in the first degree as well as robbery in the first degree.
11 Del. C. 1953, § 832; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 6; 60 Del. Laws, c. 240, §§ 1, 2; 63 Del. Laws, c. 329, § 1; 67 Del. Laws, c. 130, §§ 8, 13; 68 Del. Laws, c. 129, § 5; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 126, § 9; 74 Del. Laws, c. 93, § 1; 74 Del. Laws, c. 106, § 6; 74 Del. Laws, c. 345, § 6; 80 Del. Laws, c. 358, § 1; 82 Del. Laws, c. 216, § 1.
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