Code of Alabama
Ala. Code § 13A-8-42 (2026)
Robbery in the Second Degree.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A person commits the crime of robbery in the second degree if he violates Section 13A-8-43 and he is aided by another person actually present.
(b) Robbery in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §3306.)
Notes of Decisions
Cited in 35
cases (3 in the last 5 years), 1982–2024 · leading case: United States v. Nakey Demetruis White, 837 F.3d 1225 (11th Cir. 2016).
United States v. Nakey Demetruis White, 837 F.3d 1225 (11th Cir. 2016). “Defendant was convicted in 2001 of second degree robbery in violation of Ala. Code § 13A-8-42. That statute defines second degree robbery to include the following elements: (1) the commission of a theft, (2) during which the defendant ''[u]ses force against the person of the…”
Childers v. State, 899 So. 2d 1025 (Ala. 2004). “Cole pleaded guilty to second-degree robbery and later appealed, arguing that the trial court did not have subject-matter jurisdiction in the case because the indictment contained no facts suggesting that Cole had been aided in the robbery by another person, as is required by…”
Hutcherson v. State, 243 So. 3d 855 (Ala. Crim. App. 2017). “Code 1975; and robbery in the second degree, a violation of § 13A-8-42, Ala. Code 1975. The circuit court sentenced Hutcherson to 20 years' imprisonment for each conviction; these sentences were split and Hutcherson was ordered to serve 5 years' imprisonment followed by 5 years'…”
Ex Parte State, 902 So. 2d 738 (Ala. 2004). “The fact that Wright was aided by another person in the robbery brings his crime within the scope of § 13A-8-42, robbery in the second degree.”
Jackson v. State, 969 So. 2d 930 (Ala. Crim. App. 2007). ““The indictment specifically charged the defendant with a violation of Ala. Code 1975, § 13A-8-42. ‘A person commits the crime of robbery in the second degree if he violates section 13A-8-43 [robbery in the third degree] and he is aided by another person actually present.”
Holt v. State, 960 So. 2d 726 (Ala. Crim. App. 2006). “Robbery II pursuant to Section 13A-8-42. "30. Robbery III pursuant to Section 13A-8-43.”
Toliver v. State, 881 So. 2d 1070 (Ala. Crim. App. 2003). “' § 13A-8-42, Ala.Code 1975. Under those circumstances, where the original indictment charging first-degree robbery alleged the facts essential to the lesser-included offense of second-degree robbery, any insufficiency in the factual basis of a guilty plea to the lesser-included…”
Ex Parte State, 925 So. 2d 232 (Ala. 2005). “See § 13A-8-42, Ala.Code 1975. "Had the trial court obtained Cole's consent to amend the indictment charging first-degree robbery by adding the fact that another participant was present, no new offense would have been charged because first-degree robbery is broad enough to…”
Wright v. State, 902 So. 2d 720 (Ala. Crim. App. 2004). “' § 13A-8-42, Ala.Code 1975. Under those circumstances, where the original indictment charging first-degree robbery alleged the facts essential to the lesser-included offense of second-degree robbery, any insufficiency in the factual basis of a guilty plea to the lesser-included…”
Childers v. State, 899 So. 2d 1023 (Ala. Crim. App. 2003). “See § 13A-8-42(a), Ala.Code 1975. Although the colloquy did not specifically indicate that the indictment was being amended to add the fact that Childers was aided in the robbery by other persons, it is clear that the parties were attempting to do so.”
King v. State, 902 So. 2d 736 (Ala. Crim. App. 2004). “See § 13A-8-42(a), Ala.Code 1975. Based on Ex parte Cole, the court's attempt to comply with the spirit of the law was insufficient, thus mandating reversal of the circuit court's order.”
Banks v. State, 575 So. 2d 1244 (Ala. Crim. App. 1991). “Appellant, Dora Banks, was convicted for robbery in the second degree, Ala.Code 1975, § 13A-8-42, and was sentenced as a habitual offender to 25 years’ imprisonment.”
— Ala. Code § 13A-8-42(a) — 8 cases
Childers v. State, 899 So. 2d 1025 (Ala. 2004). “Cole pleaded guilty to second-degree robbery and later appealed, arguing that the trial court did not have subject-matter jurisdiction in the case because the indictment contained no facts suggesting that Cole had been aided in the robbery by another person, as is required by…”
Childers v. State, 899 So. 2d 1023 (Ala. Crim. App. 2003). “See § 13A-8-42(a), Ala.Code 1975. Although the colloquy did not specifically indicate that the indictment was being amended to add the fact that Childers was aided in the robbery by other persons, it is clear that the parties were attempting to do so.”
Jackson v. State, 969 So. 2d 930 (Ala. Crim. App. 2007). ““The indictment specifically charged the defendant with a violation of Ala. Code 1975, § 13A-8-42. ‘A person commits the crime of robbery in the second degree if he violates section 13A-8-43 [robbery in the third degree] and he is aided by another person actually present.”
King v. State, 902 So. 2d 736 (Ala. Crim. App. 2004). “See § 13A-8-42(a), Ala.Code 1975. Based on Ex parte Cole, the court's attempt to comply with the spirit of the law was insufficient, thus mandating reversal of the circuit court's order.”
Taite v. State, 887 So. 2d 311 (Ala. Crim. App. 2003).
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