Deadly weapon

A deadly weapon, sometimes dangerous weapon, is a statutory definition listing certain items which can inflict mortal or great bodily harm. In addition, deadly weapon statutes often contain "catch all" provisions which describe abilities used to designate other implements as deadly weapons.

Whether an item can actually inflict such harm often does not affect the designation. For example, an unloaded gun or a gun with a trigger lock are often treated like any other firearm.

Examples of deadly weapons

A deadly weapon is usually defined as a firearm or any object designed, made, or adapted for the purposes of inflicting death or serious physical injury. In addition to all firearms, the term deadly weapon encompasses knives of a certain length (usually three inches or longer, depending on jurisdiction), and in many jurisdictions includes the switchblade, gravity knife, ballistic knife, stiletto, sword, dagger, blackjack, brass knuckles, nunchaku (fighting sticks), shuriken (throwing stars), among other weapons. In some jurisdictions, a shoe or a shod foot used for kicking may be considered a dangerous weapon.[1][2]

In some countries such as the United States and the United Kingdom, the term 'deadly weapon' also includes motor vehicles such as Cars and Trucks.

In some jurisdictions, a distinction is made between deadly weapons and destructive devices, such as explosives, incendiary or poison gas bombs, grenades, landmines, rockets, missiles, or similar devices, including the unassembled components from which such devices can be made.

In 19th century France, a closed fist was considered a deadly weapon and thus combatants would kick or strike each other with an open-palmed slap, possibly influencing the French martial art Savate.

A Florida man was charged with aggravated assault with a deadly weapon after throwing a live alligator through the open drive-in window of a fast food restaurant.[3]

In Wisconsin

In Wisconsin, statute §939.22(10) defines dangerous weapon:

"Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any electric weapon, as defined in s. 941.295 (4); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

In Pennsylvania

Pennsylvania Crimes Code, Title 18 Pa.C.S.A. § 2301. Definitions.

"Deadly Weapon." Any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or serious bodily injury, or any other device or instrumentality which, in the manner in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury. (effective June 6, 1973)

In Maine

In Maine, the definition of "dangerous weapon" includes firearms, each of are defined in Title 17-A M.R.S.A § 2 sub (9) & (12-A);


17-A M.R.S.A. § 2(9) Dangerous weapon: A. "Use of a dangerous weapon" means the use of a firearm 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. B. "Armed with a dangerous weapon" means in actual possession, regardless of whether the possession is visible or concealed, of: (1) A firearm; (2) Any device designed as a weapon and capable of producing death or serious bodily injury; or (3) Any other device, instrument, material or substance, whether animate or inanimate, which, in the manner it is intended to be used by the actor, is capable of producing or threatening death or serious bodily injury. For purposes of this definition, the intent may be conditional. C. When used in any other context, "dangerous weapon" means a firearm or any device designed as a weapon and capable of producing death or serious bodily injury.[4]

17-A M.R.S.A. § 2(12-A) Firearm: "Firearm" means any weapon, whether loaded or unloaded, which is designed to expel a projectile by the action of an explosive and includes any such weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun or shotgun. Any weapon which can be made into a firearm by the insertion of a firing pin, or other similar thing, or by repair, is a firearm.[5]

Penalty enhancer

The use or possession of a deadly weapon during the commission of a crime often constitutes a penalty enhancer. The deadly weapon penalty enhancer is premised on a belief that commission of the particular crime is inherently more dangerous.

References

  1. ↑ Commonwealth v. Marrero, 19 Mass. App. Ct. 921, 922 (1984)
  2. ↑ "Assault and Battery by means of a Dangerous Weapon", Jury Instruction 6.300, 2009 edition, p. 8
  3. ↑ Niraj Chokshi; Sarah Larimer (2016-02-09). "Assault with a deadly weapon: Florida man charged with throwing alligator into Wendy's". Washington Post.
  4. ↑ 7-A M.R.S.A. § 2(9)
  5. ↑ 17-A M.R.S.A. § 2(12-A)
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