What constitutes a "Deadly Weapon"?
The State of New Hampshire- You know the one with the State motto of "Live Free or Die" defines it this way: RSA 625:11, V (2007): Defines deadly weapon as "any firearm, knife, or other substance or thing which, in the manner in it is used, or threatened to be used, is known to be capable of producing death or serious bodily injury."
The State of Tennessee- You know the one with that has Davy Crockett as a Hero, defines it this way: "(A) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury; or (B) Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury...."
The Great State of Texas- You know "Remember the Alamo!" Defines it the same way as Tennessee in their Texas Penal Code 29.03(a)(2).
I could go on but suffice it to say "anything" can and will be construed as a "deadly weapon" if the result is death or serious bodily injury.
As I sit here in my 900 square foot apartment, I find myself surrounded by potentially deadly devices. Yes, they were designed to function in a certain capacity BUT and here is my main point to all this- My INTENTION is to use them as designed. A Crime has three main components or elements:
1. Mental State (Mens Rea): Criminal act must be willful or purposeful. The end result in the actors mind was death or serious bodily injury.
2. Conduct (Actus Reus): the criminal act or unlawful ommission of the act must have occurred.
3. Causation: This must be proven and should be in close proximity of time.
NOW, please keep in mind, I am not an attorney, BUT I know that if I take my sneaker off and hit you hard enough and continually, until you stop moving or breathing, then this is use of a deadly weapon. I intended to hit you, I hit you, the result was non breathing and/or movement from you.
What is my point? INTENTION. If you intend harm to someone then you as a creative individual will find a way of carrying out the act, whatever the reason or excuse.
Sneakers don't jump off the floor and kill of their own volition or choice, PEOPLE KILL! The weapon of opportunity, whatever is close at hand at the time is not to blame, it is and always should be defined by the INTENTION of the Individual that carried out the act.
I am tired of Liberal assholes and others claiming "Guns Kill". Bullshit regularly, People Kill. My "Twinkie" can't kill anyone. There has to be an act forced upon it to kill.
Stop it, grow up, read your dictionary and use the language correctly. Then maybe people will have Justice in their lives. MAYBE.
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