S.F. _____ Section 1. Section 711.3, Code 2009, is amended to read as 1 follows: 2 711.3 Robbery in the second degree. 3 All robbery which is not robbery in the first degree is 4 robbery in the second degree , except as provided in section 5 711.3A . Robbery in the second degree is a class “C” felony. 6 Sec. 2. NEW SECTION . 711.3A Robbery in the third degree. 7 1. A person commits robbery in the third degree when, while 8 perpetrating a robbery, all of the following apply: 9 a. The theft involved constitutes a theft in the fifth 10 degree as defined section 714.2, subsection 5. 11 b. The assault upon another person constitutes an assault as 12 defined in section 708.2, subsection 6. 13 2. Robbery in the third degree is an aggravated misdemeanor. 14 EXPLANATION 15 This bill creates a criminal offense of robbery in the third 16 degree. 17 Under the bill, a person commits robbery in the third degree 18 if during the robbery the person commits a theft in the fifth 19 degree (property not exceeding $200 in value) in violation 20 of Code section 714.2(5) and a simple misdemeanor assault 21 in violation of Code section 708.2(6). The bill classifies 22 robbery in the third degree as an aggravated misdemeanor. 23 Currently, under the same set of facts and circumstances a 24 person commits a robbery in the second degree in violation of 25 Code section 711.3 and the offense is classified as a class “C” 26 felony 70 percent sentence under Code section 902.12. 27 An aggravated misdemeanor is punishable by confinement for 28 no more than two years and a fine of at least $625 but not more 29 than $6,250. A class “C” felony is punishable by confinement 30 for no more than 10 years and a fine of at least $1,000 but not 31 more than $10,000. 32 -1- LSB 5185XC (2) 83 jm/rj 1/ 1