Depends on what the object is. A hand grenade or a machete? Sure. A sandwich? Less clear. One of those "know it when you see it" legal standards.
Depends on what the object is. A hand grenade or a machete? Sure. A sandwich? Less clear. One of those "know it when you see it" legal standards.
That should be true as a matter of prosecutorial discretion, but I don’t see how the statute itself says that
I actually think it implies the opposite, since it has a separate enhancement for doing the acts with a deadly or dangerous weapon. If doing them with a deadly or dangerous weapon is a separate thing, they must be capable of performance without a deadly or dangerous weapon… including a delicious one
I think better examples would be a rock? Sure. A feather? No, so there is some line in the middle. A sandwich is pretty close to the middle. IMO, if this happened at any other time it would have sailed through the GJ, which is kind of how the whole “jury of your peers” is supposed to work.
Those would be deadly or dangerous weapons, which is a separate enhanced penalty part of this section (with 20 years max).
How about fists?
Depends on whose