2.214 — ARMED CRIMINAL ACTION

Violations of "Statute 2.24" results in a Class E Felony

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(a) Definitions

"Armed Criminal Action" shall mean the commission of any criminal offense where the defendant is in possession of a firearm, dangerous weapon, or any instrument capable of inflicting significant bodily injury during the commission of that crime.

(b) Elements

To establish the offense of armed criminal action, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant committed or attempted to commit a felony or other criminal offense;

• During the commission of the criminal offense, the defendant was in possession of a firearm, dangerous weapon, or any instrument capable of inflicting significant bodily injury.

• The possession of the weapon was not incidental to the commission of the crime, but was used or intended to be used as part of the criminal activity.

(c) Defenses

A defendant may raise the following defenses against a charge of armed criminal action:

• Lack of Knowledge: The defendant was not aware that they were in possession of a weapon during the commission of the offense.

• Lawful Possession: The weapon was possessed lawfully, and its presence was unrelated to the commission of the criminal offense.

• No Intent to Use the Weapon: The defendant did not intend to use or threaten the use of the weapon in the commission of the crime.

• Self-Defense: The defendant was carrying the weapon as a form of protection and used it in self-defense against an imminent threat.

(d) Aggravating Factors

The court shall impose enhanced penalties if the armed criminal action involved aggravating circumstances, such as:

• The use of the weapon in the commission of a violent crime, such as robbery, assault, or homicide.

• The weapon being discharged or used in a manner that increased the potential for harm to the victim or others.

• The defendant having a prior criminal history or history of violent offenses.

• The presence of aggravating factors like the involvement of minors, or the crime taking place in a public or highly populated area, increasing the risk to others.

• The defendant's use of a particularly dangerous or illegal weapon (e.g., fully automatic firearms, explosives, etc.).