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18-4-303. Aggravated robbery of controlled substances

Text

(1) A person who takes any controlled substance, as defined in section 18-18-102 (5), from any pharmacy or other place having lawful possession thereof or from any pharmacist or other person having lawful possession thereof under the aggravating circumstances defined in section 18-4-302 is guilty of aggravated robbery of controlled substances.

(2) Aggravated robbery of controlled substances is a class 2 felony.

History

History.
Source: L. 73: P. 572, 11. C.R.S. 1963: 40-4-303. L. 81: (1) and (2) amended, pp. 737, 974, 21, 11, effective July 1. L. 2012: (1) amended, (HB 12-1311), ch. 281, p. 1619, 43, effective July 1.

Annotations

ANNOTATION

Culpable mental state is element of crime. Because aggravated robbery of drugs is merely a variant of the common-law crime of aggravated robbery, the culpable mental state of knowingly is a requisite element of the crime. People v. Mascarenas, 666 P.2d 101 (Colo. 1983).

Necessity of chemical testing. While the better practice is to subject narcotics evidence to chemical analysis, chemical testing is not necessary in all cases to prove that the items taken in a robbery were in fact narcotic drugs. People v. Lake, 195 Colo. 454, 580 P.2d 788.

Aggravated robbery of drugs from a pharmacy is a separate offense and not merely a punishment enhancement statute for aggravated robbery. Ramirez v. People, 682 P.2d 1181 (Colo. 1984).