Also known as: deadly weapons · dangerous weapon · lethal weapon
Written by attorneys · grounded in primary & secondary sources — see below
An instrument, device, material, or substance that in the manner it is used or intended to be used is capable of producing death or serious bodily injury.
Dwight Dorsey retrieved a tire iron from his trunk and struck Omar repeatedly in the head during a confrontation in a dark parking lot. The blows caused immediate death. The factfinder could infer from the intentional use of the tire iron on a vital area that Dwight acted with intent to kill.
Daniel Diaz grabbed a scalpel from an operating room and deliberately drove it into Carla's chest during an argument. The wound proved fatal. Use of the scalpel in this manner satisfied the deadly-weapon element of aggravated assault.
Damian Decker aimed a loaded hunting rifle at Luis's chest and fired a single shot after a dispute on the farm. The shot killed Luis instantly. The factfinder could draw a permissive inference that Damian intended to kill from the intentional use of the rifle on a vital area.
Select any source to read its text and confirm it supports the definition.
Diego Duarte entered a locked monitoring station at night carrying homemade incendiary devices in his backpack. He shoved a plant manager toward a stairwell during the entry. The presence of the devices supported classification of the burglary as a second-degree felony.
Destiny Davis spent the afternoon loading and cleaning her rifle before confronting a coworker she suspected of theft. She carried the loaded rifle into the barn and aimed it at the coworker's chest. The rifle qualified as a deadly weapon under the circumstances of its intended use.
Deborah Dunn provided a lethal substance to a terminally ill relative who requested help ending life. The substance was capable of producing death when ingested. The item qualified as a deadly weapon because of the manner in which it was supplied and intended to be used.
The inquiry focuses on the manner in which the object is used or intended to be used. An object becomes a deadly weapon when it is employed in a way that is calculated or likely to cause death or serious bodily injury, even if the object is not inherently dangerous.
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No. The doctrine supplies only a permissive inference. The factfinder may infer intent to kill from the intentional use of a deadly weapon directed at a vital part of the body, but the defendant retains the opportunity to rebut the inference with contrary evidence.
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Yes. In some circumstances any part of the body used in a manner calculated or likely to cause death or serious bodily injury qualifies as a deadly weapon under the common-law definition.
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The Model Penal Code definition emphasizes capacity to produce death or serious bodily injury based on the manner of use or intended use and expressly includes animate or inanimate substances. The common-law formulation focuses on whether the instrument is used in a manner calculated or likely to cause such harm.
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…Dudley Field drafted a criminal code that prohibited "aiding" a suicide and, specifically, "furnish[ing] another person with any deadly weapon or poisonous drug, knowing that such person intends to use such weapon or drug in taking his own life." By the time the Fourteenth Amendment was ratified, it was a crime in most States to…