Kentucky Private Investigator Practice Test

What distinguishes first degree robbery from second degree robbery?

1. Use of a deadly weapon

2. Intent to commit theft

3. Location of the crime

4. Type of victim

The correct answer is: Use of a deadly weapon

First degree robbery is characterized by the use of a deadly weapon during the commission of the crime. This element elevates the seriousness of the offense, as the presence of a weapon poses a significant threat to the victim and increases the level of danger involved in the act. The use of a deadly weapon indicates a willingness to inflict harm or instill fear, which is a critical factor that distinguishes first degree robbery from second degree robbery. Second degree robbery, on the other hand, typically involves taking property without the use of a weapon or physical force that would elevate it to the first degree. While intent to commit theft, location of the crime, and type of victim can influence how a robbery is prosecuted or categorized, the defining characteristic that separates first degree from second degree robbery is the use of a deadly weapon. This distinction reflects the legal system's focus on the potential for violence and harm that accompanies armed robbery as compared to theft that occurs without a weapon.