Assault with a deadly...?

In lieu of a Mundane Stories Leading To Actual Questions forum, I figured I’d throw this in here:

I’m notoriously afraid of being alone at night despite the fact that my neighborhood is extremely safe (SO FAR!). I usually deal with it alright because my girlfriend comes home before it gets too dark and I’m absurdly reassured by having a 5’3, 100 pound woman who’s even worse at firing guns than I am. Recently, however, she had to scurry off to play mistress-of-ceremonies at a fetish convention, leaving me perilously alone in my dark, eerie, creaky house. Beth (my girlfriend) reminded me that I’d lived here for ten years without incident and that it seemed unlikely that a burglar or serial killer would strike the one weekend she was out of town.

Placated by this logic, I vowed to brave the waters (or the carpet, I suppose) and remained calm despite my innate fear of vulnerable solitude. It was a bit creepy, but manageable, until I heard the back door rattling. My neighbors are all elderly or obese enough to the point of being unable to scale the backyard fence even in a life-or-death situation. In this case, though, I suppose it was burgle-or-go home empty-handed. Convinced that opening the back door would reveal my awareness of their presence, I decided to wait until they broke down the door to make my move. In theory I could have called 911, but the police here take about fifteen minutes to respond to a MURDER call, let alone a “possible burglary in progress.”

Alright, I was petrified as well.

So there I stood, poised at the door, waiting to strike… only to realize I had nothing to strike with. The door rattled again and I watched with trepidation as the deadbolt turned, desperately grasping around the kitchen counter for something, anything to protect me from the evil burglar. Just as the door opened, my fingers found purchase on a long, hard object, allowing me just enough time to swing it viciously at the head of the intruder - only to hear a decidedly feminine scream.

Flicking the lights on (yes, I only THEN thought of that), I was faced with the form of none other than my girlfriend, looking just as she had when she’d left for the convention… aside from the vivid purple lump forming on her forehead. I was horrified that I had assaulted my own girlfriend, so instead of apologizing I demanded to know why she was home a day early. Poor Beth was unamused by having the blame shoved onto her and looked about ready to storm off into her bedroom when she looked down to my hand, spotting the culprit of her suffering.

Lo and behold, the long, hard object in my grasp was none other than a ribbed vibrator. She undoubtedly had the mother of all headaches, but she couldn’t resist bursting into laughter at the realization that I had assaulted her with a sex toy.

Thus, I ask of you: can a vibrator qualify as a “deadly weapon” under the law? Fortunately, she wasn’t inclined to take that route, but I’m extremely curious since I know fists certainly can be and I recall a case of a shoe being classified as such. I took a few Criminal Justice courses in college, but I don’t think they covered that particular subject matter.

Can “assault with a deadly weapon” apply to any object? Are there restrictions? If so, what’s the criteria?

I, for one, am amazed you leave the thing lying around the house loaded. I mean, doesn’t the law require you to have a child safety lock on your dildo, and kept out of children’s reach?

Sweet Jesus, that could have been a catastrophe! I can see the headlines now: “4-year old caught with dangerous dildo at school!” :eek:

:smiley:

Tripler
Even worse: Gangs in LA now performing drive-by fellatios.

YES
Three boys were recently convicted.
One of M-1 for throwing a deadly weapon off an overpass into the windshield oa an oncomming vehicle on the interstate h’wy below.
The deadly weapon? A ten pound rock!
Second culprit of M-2 for driving the get-away-car.
Third of contributory neglience or something of the sort for being present and not stopping the stupidty.

I would say that 10-pound-rock, especially hurled over an overpass, is about as close as you can get to the definition of a deadly weapon. I think the OP is more interested in more obscure things being considered deadly weapons. So let me add:
Can projectile Jello be considered a deadly weapon?

A feather duster?

The evil eye?

Water?

Baloons?
Regards,

Groman

fluffyemu–Go get yourself a head-knocker to keep beside the bed/door, if that is legal in your locale. :rolleyes:

Wooden baseball bats are common.

Trucker’s Tire Thumpers work very well.

Or, go to a furniture making/woodworker’s shop, & get a 1" diameter hardwood rod, 2 1/2 feet long. Get them to lathe a section at one end to make a good grip (ribbed works well, to match your other toys :stuck_out_tongue: :smiley: ), then have them drill 1/4" diameter holes 1/8" deep around the other end, 4 of them, evenly spaced. Fit these holes with wooden dowel sections, each 3/8" in length. Be certain it is all sanded & varnished. If you like, have them drill a small diameter hole all the way throgh the handle end, & fit it with a thong, so it can be hung from a hook.

I’m going to take a stab at answering this seriously and say that yes, under certain circumstances it may be considered a deadly weapon.

Now, since I’m only licensed in Texas, Texas law is all I know. Still, other states may have similar laws, so what the heck, here’s the deal in Texas: a “deadly weapon” is (1) a firearm, (2) anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or (3) anything else that in the manner of its use or intended use is capable of causing death or serious bodily injury.[sup]1[/sup] And “serious bodily injury” is defined as “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”[sup]2[/sup]

Given that, I’d say that a court could conclude that a blunt object heavy enough to cause a “vivid purple lump” could be considered a deadly weapon, especially considering that it was used to strike the head. You’d be surprised at how little it can take to kill a person from a blow to the head.

[sup]1[/sup]Patterson v. State, 769 S.W.2d 938 (Tex. Crim. App. 1989).
[sup]2[/sup]Tex. Pen. Code sec. 1.07 (46).

See, Lane v. Texas (Texas Crim. App. 2004) (“We have recognized before that a hand or a foot may be a deadly weapon”); People v. Saleh (Colo. 2002) (same).

Why am I the only one who seems mildly surprised at this story? Not that it happened, but the part about the girlfriend going off to be the MC at a fetish convention, only to come home and be knocked silly with a plastic dong? Did I read a different post than everyone else? :wink:

Not long ago I researched whether a lit cigarette could be considered a deadly weapon if it was used to burn the face of a victim. I turned up Johnston v. State, 115 S.W.3d 761 (Tex. App. - Austin, 2003), which stated that a lit cigarette when used to cause a burn to the hand of a child was not a “deadly weapon.” Still, I reckon that a burn to the face could certainly be considered a “permanent disfigurement”, so a cig could indeed be a deadly weapon in a particular circumstance. I guess time will tell if I turn out to be correct.

This is the SDMB.

Much stranger @#$% happens* here*. :slight_smile:

<<Given that, I’d say that a court could conclude that a blunt object heavy enough to cause a “vivid purple lump” could be considered a deadly weapon, especially considering that it was used to strike the head. You’d be surprised at how little it can take to kill a person from a blow to the head.>>

It certainly left that! The swelling went down eventually, but the last time I had a lump like that, I banged my head on the pavement. Not fun.

So in theory, it’s plausible?

That leads me to my follow-up question:

Since it’s awfully unlikely anyone has been charged with attacking someone with a vibrator, what’s the most bizarre object that warranted a criminal charge of assault with a deadly weapon?

Does it have to be blunt? It wasn’t a rabbit, but if it had been, would stabbing someone in the eyes with the soft, but sharp ears qualify?

<<Why am I the only one who seems mildly surprised at this story? Not that it happened, but the part about the girlfriend going off to be the MC at a fetish convention, only to come home and be knocked silly with a plastic dong? Did I read a different post than everyone else?>>

It’s certainly a bizarre story, especially since it was probably one of the vibrators she brought home from last year’s convention. Incidentally, she came home because she missed me and wanted to give me a “sexy surprise” in the middle of the night. Somehow, I don’t think this was exactly what she had in mind!

<<
Can projectile Jello be considered a deadly weapon?

A feather duster?

The evil eye?

Water?

Baloons? >>>

I don’t know about the rest, but my Criminal Justice teacher in college used to use an example of a kid throwing water balloons at cop’s head and ending up charged with assault with a deadly weapon because of the sheer velocity/impact of the water balloon. I can understand why virtually any thrown object could cause real injury, but I’m still scratching my head on what the line is on objects you can “swing” at someone as you would a bat or (heh!) vibrator.

I knew I reminded myself of something:

Eddie: They’re armed.
Soap: Armed, armed with what?
Eddie: Err, bad breath, colorful language, feather duster… what do you think they’re gonna be armed with? Guns, you tit!

In all seriousness, I think anything can cause death in extremely unlucky circumstances, however, within the specifics of the assault, if you can establish that the weapon could’ve been used by the defendant to kill somebody without too much effort if they so desired - it’s a deadly weapon. Dildos are certainly in, since it’s fairly straightforward and not too hard to beat somebody to death with a dildo. Jello I would think is out since it’s next to impossible to kill somebody using Jello unless you trick them into eating it.

<<In all seriousness, I think anything can cause death in extremely unlucky circumstances, however, within the specifics of the assault, if you can establish that the weapon could’ve been used by the defendant to kill somebody without too much effort if they so desired - it’s a deadly weapon. Dildos are certainly in, since it’s fairly straightforward and not too hard to beat somebody to death with a dildo. Jello I would think is out since it’s next to impossible to kill somebody using Jello unless you trick them into eating it.>>

But where is the line drawn? What about a pliable jelly dildo? Harder than jello, but not to the point of the blunt plastic variety. Blunt seems to be the emphasis, but I know first-hand that a whip can be a deadly weapon if used improperly, and the leather is really quite flimsy.

I’m pretty sure the Common Law definition of “Deadly Weapon” in Australia actually covers almost any object- it’s the intent of the person wielding it.

So anything capable of causing serious bodily harm, injury, or death could be considered a deadly weapon, be it something obvious like a cricket bat, tyre iron, firearm, or machete, or something less conventional, like an HB pencil, an aerosol deodorant, or an 18" purple jelly double ended dildo…

Great story, BTW, fluffyemu! I could add some sort of comment about wishing I had a girlfriend who liked to MC Fetish meetings, but that would be crude and most ungentlemanly of me. :smiley:

What is the source of this, please?
:confused:

Lock, Stock, & Two Smoking Barrels

I 'spose you’re right. Girlfriend comes home, plastic penis ensues.

Max Torque and Gfactor already posted what I was going to say. So, I will say this:

Of course, a dildo is a dangerous weapon! It is a Weapon of Ass Destruction! :cool:

There is, in fact, a movie by that title! I think it goes without saying that it’s not of the reputable variety. :wink:

You’re a Republican’s nightmare!