2.216 — POSSESSION OF A MINOR DEADLY WEAPON WHILE IN COMMISSION OF A CRIME
Violations of "Statute 2.216" results in a Class A Misdemeanor
(a) Definitions
"Minor Deadly Weapon" refers to any weapon that, though not classified as a firearm or heavy weapon, is capable of causing bodily injury but not necessarily serious bodily injury. Examples may include, but are not limited to, knives, switchblades, brass knuckles, or other similar objects. "Possession of a minor deadly weapon while in commission of a crime" means possessing such a weapon during the commission of a criminal offense that results in bodily harm to the victim.
(b) Elements
To establish the offense of possession of a minor deadly weapon while in commission of a crime, the prosecution must prove beyond a reasonable doubt the following elements:
The defendant committed or attempted to commit a criminal offense (e.g., assault, robbery, burglary, or similar crimes).
The defendant was in possession of a minor deadly weapon (as defined) during the commission of the crime.
The defendant's possession or use of the minor deadly weapon caused bodily harm to the victim (i.e., physical injury that does not rise to the level of serious bodily injury).
(c) Defenses
A defendant may raise the following defenses against a charge of possession of a minor deadly weapon while in commission of a crime:
Lack of Knowledge: The defendant did not know they were in possession of a minor deadly weapon during the commission of the crime.
No Intent to Use the Weapon: The defendant possessed the weapon but did not intend to use or threaten to use it during the commission of the crime.
Lawful Possession: The weapon was lawfully possessed, and its presence was unrelated to the criminal offense.
Self-Defense: The minor deadly weapon was carried for personal protection, and its use or possession was not intended to further the crime.
(d) Aggravating Factors
The court may impose enhanced penalties if the possession of the minor deadly weapon occurred under any of the following aggravating circumstances:
The minor deadly weapon was used in a manner that increased the harm or risk to the victim during the commission of the crime.
The defendant has a prior criminal history involving weapons or violent offenses.
The defendant’s actions caused additional injury or risk of harm to the victim, even if the injury was not serious bodily harm.
The defendant was in possession of a particularly dangerous or illegal minor deadly weapon (e.g., switchblades, concealed knives, brass knuckles).
The crime occurred in a public or high-risk area where the use of the weapon could have endangered others.
Last updated