(1) A person is guilty of robbery in the second degree when, in the course of
committing theft, he or she uses or threatens the immediate use of physical force
upon another person with intent to accomplish the theft.
(2) Robbery in the second degree is a Class C felony, unless the offense occurs during a
declared emergency as defined by KRS 39A.020 arising from a natural or man-
made disaster, within the area covered by the emergency declaration, and within the
area impacted by the disaster, in which case it is a Class B felony.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 151, sec. 16, effective July 14, 2022. -- 1974 Ky.
Acts ch. 406, sec. 131, effective January 1, 1975.
Notes of Decisions
Cited in
52
cases (
12 in the last 5 years), 1977–2026 · leading case:
Birdsong v. Commonwealth, 347 S.W.3d 47 (Ky. 2011).
Birdsong v. Commonwealth, 347 S.W.3d 47 (Ky. 2011).
· cites it 18× “" [3] KRS 515.030 defines Robbery, Second-Degree as: A person is guilty of robbery in the second degree when, in the course of committing theft, he uses or threatens the use of physical force on another person with intent to accomplish the theft.”
Tunstull v. Commonwealth, 337 S.W.3d 576 (Ky. 2011).
· cites it 12× “The Majority applies the latter construction to the facts of this case to reach its conclusion that Appellant's aggressive demands were threatening to those present and instilled in them a fear of physical harm, even if Appellant never expressed or implied with words or gestures…”
United States v. Tyler Williams, 39 F.4th 342 (6th Cir. 2022).
· cites it 5× “When Williams was sixteen,1 he pled guilty in Fayette County Circuit Court to one count of robbery in the first degree, in violation of Ky. Rev. Stat. Ann. § 515.020 , and three counts of robbery in the second degree, in violation of Ky.”
Lloyd v. Commonwealth, 324 S.W.3d 384 (Ky. 2010).
· cites it 6× “020, the first-degree robbery statute, provides that "[t]o be convicted under KRS 515.030, an offender must have intended, with his use or threatened use of physical force, to accomplish a theft.”
State v. Owens, 20 S.W.3d 634 (Tenn. 2000).
· cites it 4× “Ky.Rev.Stat.Ann. § 515.030 (Michie 1999).”
Wilburn v. Commonwealth, 312 S.W.3d 321 (Ky. 2010).
· cites it 2× “KRS 515.030. First-degree robbery is a Class B felony.”
Tipton v. Commonwealth, 640 S.W.2d 818 (Ky. 1982).
· cites it 3× “020 states that, “KRS 515.030 defines the basic robbery offense in terms of the theft committed by use or threatened use of physical force upon another person.”
Thacker v. Commonwealth, 194 S.W.3d 287 (Ky. 2006).
· cites it 2× “Robbery in the first degree ("robbery 1st"), a Class B felony, requires the jury to find those identical elements and additionally to find beyond a reasonable doubt one of three aggravating factors, i.e., that the defendant (a) caused physical injury to any person who is not a…”
Williams v. Commonwealth, 721 S.W.2d 710 (Ky. 1986).
· cites it 3× “In contrast thereto, Robbery in the second degree, expressed in KRS 515.030, requires only that: (1) A person is guilty of robbery in the second degree when, in the course of committing theft, he uses or threatens the immediate use of physical force upon another person with…”
Commonwealth v. Pridham, 394 S.W.3d 867 (Ky. 2012).
“040) and second-degree robbery, a class C felony (KRS 515.030). For those offenses Cox was sentenced to concurrent terms of ten years’ imprisonment.”
Lamb v. Commonwealth, 599 S.W.2d 462 (Ky. Ct. App. 1979).
· cites it 5× “” Appellant further argues that since the commentaries point out that all the elements of the crime of theft are set out in robbery in the second degree (KRS 515.030), then the courts must consider just what “theft” means.”
— Ky. Rev. Stat. § 515.030(1) — 9 cases
Tunstull v. Commonwealth, 337 S.W.3d 576 (Ky. 2011).
“The Majority applies the latter construction to the facts of this case to reach its conclusion that Appellant's aggressive demands were threatening to those present and instilled in them a fear of physical harm, even if Appellant never expressed or implied with words or gestures…”
Birdsong v. Commonwealth, 347 S.W.3d 47 (Ky. 2011).
“" [3] KRS 515.030 defines Robbery, Second-Degree as: A person is guilty of robbery in the second degree when, in the course of committing theft, he uses or threatens the use of physical force on another person with intent to accomplish the theft.”
Lloyd v. Commonwealth, 324 S.W.3d 384 (Ky. 2010).
“020, the first-degree robbery statute, provides that "[t]o be convicted under KRS 515.030, an offender must have intended, with his use or threatened use of physical force, to accomplish a theft.”
— Ky. Rev. Stat. § 515.030(2) — 1 case
— Ky. Rev. Stat. § 515.030(l) — 1 case
Birdsong v. Commonwealth, 347 S.W.3d 47 (Ky. 2011).
“" [3] KRS 515.030 defines Robbery, Second-Degree as: A person is guilty of robbery in the second degree when, in the course of committing theft, he uses or threatens the use of physical force on another person with intent to accomplish the theft.”
— Ky. Rev. Stat. § 515.030(l)(a) — 1 case
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