First-degree robbery: serious harm or weapons during theft

(1) A person commits the offense of robbery in the first degree if, in the course of committing theft or non-consensual taking of a motor vehicle: (a) The person attempts to kill another or intentionally or knowingly inflicts or attempts to inflict serious bodily injury upon another; (b) The person is armed with a dangerous instrument, an electric gun, or a simulated firearm and: (i) The person uses force against the person of anyone present with intent to overcome that person's physical resistance or physical power of resistance; or (ii) The person threatens the imminent use of force against the person of anyone present with intent to compel acquiescence to the taking of or escaping with the property; (c) The person uses force against the person of anyone present with the intent to overcome that person's physical resistance or physical power of resistance during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster; or (d) The person threatens the imminent use of force against the person of anyone present with intent to compel acquiescence to the taking of or escaping with the property during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster. (2) As used in this section: "Dangerous instrument" means any firearm, whether loaded or not, and whether operable or not, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or threatened to be used is capable of producing death or serious bodily injury. "Electric gun" shall have the same meaning as in section 134-81. "Simulated firearm" means any object that: (a) Substantially resembles a firearm; (b) Can reasonably be perceived to be a firearm; or (c) Is used or brandished as a firearm. (3) Robbery in the first degree is a class A felony.