Photo: mr.smashy
Utah’s statute defining dangerous weapon is very broad. It not only covers the use of an actual weapon, but fake weapons as well. If a defendant takes a toy gun that leads a victim to believe that it is real, the law will treat them the same as if the defendant did have a real gun. The statute goes further in that the defendant doesn’t even have to show the toy gun—she could simply verbally tell the victim that she is in control of a real gun.
Utah Code § 76-1-601(5): Definition of Dangerous Weapon
(5) “Dangerous weapon” means:
(a) any item capable of causing death or serious bodily injury; or
(b) a facsimile or representation of the item, if:
(i) the actor’s use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or (ii) the actor represents to the victim verbally or in any other manner that he is in control of such an item.
Tags: weapon
