Robbery With Physical Injuries Committed In An Uninhabited Place And By A Band, Or With The Use Of firearm On The Street, Road Or Alley


ART.295

QUALIFYING CIRCUMSTANCES IN ROBBERY WITH VIOLENCE
OR INTIMIDATION OF PERSONS:

If any of the offenses defined in subdivisions 3, 4 and 5 of Art. 294
is committed -
1. in an uninhabited place, or
2. by a band, or
3. by attacking a moving train, street car, motor vehicle or airship, or
4. by entering the passenger’s compartments in a train, or in any manner
   taking the passengers thereof by surprise in the respective
   conveyances, or
5. on a street, road, highway or alley and the intimidation is made
   with the use of firearms.


The qualifying circumstances of robbery with violence or intimidation
must be alleged in the information and proved during the trial.

Being qualifying circumstances, they cannot be offset by generic
mitigating circumstances.

This article will not apply to the special complex crimes of
robbery w/ homicide, w/ rape, or w/ serious physical injuries under
paragraph 1 of Art. 263.

It cannot be offset by a generic mitigating circumstance.

The intimidation with the use of firearm qualifies only robbery on a
street, road, highway, or alley.

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