Aim: How do you determine the difference between a Dangerous Instrument and a Deadly Weapon?

NYS Penal Law Article 10 – Dangerous Instruments Dangerous Instruments – Any instrument, article, or substance, including a vehicle in which it is used, attempted to be used or threatened to be used, and is readily capable of causing death or other serious physical injury.

NYS Penal Law – Article 10 – Deadly Weapon Deadly Weapon – Any loaded weapon from which a shot, readily capable of producing death or other serious physical injury may be discharged. There are 9 + 1 deadly weapons recognized in NYS. The plus one is ANY firearm

Let’s Play – Guess that Weapon!! As the images come on screen – turn to your neighbor and discuss whether each one is a “Deadly Weapon” or “Dangerous Instrument”

Sword Plastic Knuckles

Metal Knuckles Cleaver

Pilum Ballistic Knife Paint Ball Gun

Metal Knuckle Knife Machete

Dagger Chinese Star

Billy Club Baseball Bat

Blackjack Whip

Switchblade Knife Gravity Knife

10 Deadly Weapons Dangerous Instrument: HRN Lesson 18 10 Deadly Weapons Any loaded weapon from which a shot is readily capable of causing death or other serious injury may be fired. Switchblade knife Gravity Knife Billy Club Blackjack Metal Knuckles Dagger Pilum Ballistic Knife Metal Knuckle Knife Plastic Knuckles (added 1/17) Dangerous Instrument: Everything else – if it is used as a weapon to commit a criminal offense