Title 16, Chapter 8, Section 41
( 16-8-41)
(a) A person commits the offense of armed robbery when, with intent
to commit theft, he or she takes property of another from the person
or the immediate presence of another by use of an offensive weapon,
or any replica, article, or device having the appearance of such
weapon. The offense of robbery by intimidation shall be a lesser
included offense in the offense of armed robbery. (b) A person convicted of the offense of armed robbery shall be
punished by death or imprisonment for life or by imprisonment for
not less than ten nor more than 20 years. (c)(1) The preceding provisions of this Code section
notwithstanding, in any case in which the defendant commits armed
robbery and in the course of the commission of the offense such
person unlawfully takes a controlled substance from a pharmacy or
a wholesale druggist and intentionally inflicts bodily injury upon
any person, such facts shall be charged in the indictment or
accusation and, if found to be true by the court or if admitted by
the defendant, the defendant shall be punished by imprisonment for
not less than 15 years. (2) As used in this subsection, the term: (A) "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29. (B) "Pharmacy" means any place licensed in accordance with
Chapter 4 of Title 26 wherein the possessing, displaying,
compounding, dispensing, or retailing of drugs may be conducted,
including any and all portions of any building or structure
leased, used, or controlled by the licensee in the conduct of
the business licensed by the State Board of Pharmacy at the
address for which the license was issued. The term pharmacy
shall also include any building, warehouse, physician's office,
or hospital used in whole or in part for the sale, storage, or
dispensing of any controlled substance. (C) "Wholesale druggist" means an individual, partnership,
corporation, or association registered with the State Board of
Pharmacy under Chapter 4 of Title 26. (d) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. |