2.217 — POSSESSION OF A MAJOR DEADLY WEAPON WHILE IN COMMISSION OF A CRIME
Violations of "Statute 2.217" results in a Class D Felony
(a) Definitions
"Major Deadly Weapon" refers to any weapon that, by its nature or design, is capable of causing serious bodily injury or death. Examples include, but are not limited to, firearms, machine guns, assault rifles, explosives, and other similar high-powered or highly destructive weapons. "Possession of a major deadly weapon while in commission of a crime" means possessing such a weapon during the commission of a criminal offense.
(b) Elements
To establish the offense of possession of a major 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., robbery, assault, murder, drug trafficking, or similar violent crimes).
The defendant was in possession of a major deadly weapon (as defined) during the commission of the crime.
The possession of the major deadly weapon was not incidental to the crime but involved the use or intended use of the weapon in furtherance of the criminal activity.
(c) Defenses
A defendant may raise the following defenses against a charge of possession of a major deadly weapon while in commission of a crime:
Lack of Knowledge: The defendant did not know they were in possession of a major 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 in the commission of the crime.
Lawful Possession: The major deadly weapon was lawfully possessed, and its presence was unrelated to the criminal offense.
Self-Defense: The weapon was carried for personal protection, and its possession was not related to the crime.
(d) Aggravating Factors
The court shall impose enhanced penalties if the possession of the major deadly weapon occurred under any of the following aggravating circumstances:
The weapon was used in the commission of the crime, leading to bodily harm, property damage, or the threat of death or injury to the victim or others.
The defendant has a prior criminal history involving violent offenses or weapons-related convictions.
The defendant possessed an especially dangerous or illegal weapon (e.g., a firearm with an altered serial number, military-grade weapons, explosives).
The possession of the weapon caused or increased the risk of harm to others, especially in a densely populated area.
The defendant used the weapon to further a crime involving significant potential for public danger (e.g., armed robbery, terrorism, violent drug trafficking).
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