S.F. _____ H.F. _____ Section 1. Section 702.11, subsection 2, Code 2009, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . dd. Robbery in the third degree in violation 3 of section 711.3A. 4 Sec. 2. Section 711.3, Code 2009, is amended to read as 5 follows: 6 711.3 Robbery in the second degree. 7 All robbery which is not robbery in the first degree is 8 robbery in the second degree , except as provided in section 9 711.3A . Robbery in the second degree is a class “C” felony. 10 Sec. 3. NEW SECTION . 711.3A Robbery in the third degree. 11 1. A person commits robbery in the third degree when, 12 while perpetrating a robbery, the person commits an assault as 13 defined in section 708.2, subsection 6, upon another person. 14 2. Robbery in the third degree is a class “D” felony. 15 EXPLANATION 16 This bill creates a criminal offense of robbery in the third 17 degree. 18 Under the bill, a person commits robbery in the third degree 19 if while perpetrating the robbery the person commits a simple 20 misdemeanor assault in violation of Code section 708.2(6). The 21 bill classifies robbery in the third degree as a class “D” 22 felony. A class “D” felony is punishable by confinement for no 23 more than five years and a fine of at least $750 but not more 24 than $7,500. 25 The bill also exempts robbery in the third degree from the 26 definition of forcible felony. By exempting robbery in the 27 third degree from the definition of forcible felony, a person 28 is eligible to receive a suspended or deferred sentence, or a 29 deferred judgment under Code section 907.3. 30 Currently, under the same set of facts and circumstances a 31 person commits a robbery in the second degree in violation of 32 Code section 711.3 and the offense is classified as a class “C” 33 felony 70 percent sentence under Code section 902.12. 34 -1- LSB 5219IC (4) 83 jm/rj 1/ 1