SEQ CHAPTER \h \r 1CR10-211 06/18/03

 

Definition of “deadly weapon” (context of assault)

The term deadly weapon means any firearm, or other weapon, device, instrument, material or substance, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.  Serious bodily injury means bodily injury which creates a substantial risk of death or which causes substantial loss or impairment of the function of any bodily member or organ or substantial impairment of health, or substantial disfigurement.  The term bodily injury means physical pain, illness or any impairment of physical condition.  In this case, the State must have proven that the weapon was capable of causing serious bodily injury, not that (Def)_______________ actually caused serious bodily injury.