Deadly weapon

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.

Contents

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 almost all jurisdictions includes the switchblade, gravity knife, ballistic knife, stiletto, ice pick, sword, dagger, billy club, blackjack, bludgeon, brass knuckles, nunchaku (fighting sticks), shuriken (throwing stars), among other weapons.

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.[citation needed]

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

Title 18 Pa.C.S.A 2301 "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.

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.


Wikimedia Foundation. 2010.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • deadly weapon — deadly weap·on n: an object whose purpose is to cause death or that when used as an instrument of offense is capable of causing death or sometimes serious bodily harm compare dangerous weapon ◇ An unloaded firearm has been generally held to be a… …   Law dictionary

  • deadly weapon — Any firearm, or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury. Model Penal Code,… …   Black's law dictionary

  • deadly weapon — Any firearm, or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury. Model Penal Code,… …   Black's law dictionary

  • deadly weapon — An instrument which is likely to or which will cause or produce death or great bodily harm when used in the manner contemplated by its design and construction. Barboursville ex rel. Bates v Taylor, 115 W Va 4, 174 SE 485, 92 ALR 1093; 26 Am J1st… …   Ballentine's law dictionary

  • deadly weapon — lethal weapon, tool that destroys …   English contemporary dictionary

  • deadly weapon per se — A weapon which of itself is deadly or one which would ordinarily result in death by its use; e.g. gun. Baylor v. State, 151 Tex.Cr.R. 365, 208 S.W.2d 558, 561 …   Black's law dictionary

  • deadly weapon per se — A weapon which of itself is deadly or one which would ordinarily result in death by its use; e.g. gun. Baylor v. State, 151 Tex.Cr.R. 365, 208 S.W.2d 558, 561 …   Black's law dictionary

  • weapon — index bomb, cudgel, gun Burton s Legal Thesaurus. William C. Burton. 2006 weapon …   Law dictionary

  • deadly — dead·ly adj dead·li·er, est: likely to cause or capable of causing death; also: dangerous (2) ◇ Deadly and dangerous are sometimes used interchangeably, esp. in connection with weapons or instruments. Merriam Webster’s Dictionary of Law. Merriam… …   Law dictionary

  • deadly — adj 1 Deadly, mortal, fatal, lethal mean causing or causative of death. Deadly may imply an extremely high degree of probability rather than a certainty of death; the term therefore applies to something with the capacity of or a marked… …   New Dictionary of Synonyms

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”