NCJ Number
152744
Journal
Law Enforcement Quarterly Dated: (November 1994-January 1995) Pages: 5-8,57-59
Date Published
1995
Length
7 pages
Annotation
Even though they are not always thought of as weapons, poisons, caustic chemicals, and other controlled substances and objects that may be thrown on, forced on, or surreptitiously given to another person may be considered as weapons.
Abstract
Killing someone using poison automatically constitutes first-degree murder. Willfully mixing any poison or other harmful substance with food, drink, medicine, or pharmaceutical product is a 5-year felony. Chemicals, however, may not always be administered internally. Physical assaults with caustic chemicals occur occasionally, often with extremely serious results. Throwing any vitriol, corrosive acid, or other caustic chemical on another person, with the intent to injure or disfigure the victim, is a 4-year felony. Communicable diseases can be viewed as weapons, for example, the intentional infliction of a venereal disease or AIDS. Using fire as a weapon normally falls within arson statutes. Aerosol paint cans and marking devices frequently used to commit vandalism are weapons that cause a significant amount of property damage. Other weapons include foreign objects used in sex offenses, lasers, explosives, and objects such as rocks and bricks that are thrown at another individual or target. The use of various objects as weapons in the school setting is addressed, as well as restrictions imposed by the Fish and Game Code on weapon use. The importance of intent in the use of even lawful weapons is stressed. 104 references