Indiana Code
Ind. Code § 35-41-1-8 (2026)
Repealed
✓ current as of May 2026
As added by P.L.311-1983, SEC.9. Amended by P.L.318-1985, SEC.1; P.L.140-1994, SEC.4; P.L.156-2001, SEC.8; P.L.123-2002, SEC.33; P.L.143-2006, SEC.1. Repealed by P.L.114-2012, SEC.96.
Notes of Decisions
Cited in 26
cases, 1984–2015 · leading case: Davis v. State, 835 N.E.2d 1102 (Ind. Ct. App. 2005).
Davis v. State, 835 N.E.2d 1102 (Ind. Ct. App. 2005). “Indiana Code Section 35-41-1-8 defines "deadly weapon," in relevant part, as a loaded or unloaded firearm, or as a destructive device, weapon, device, taser, or electronic stun weapon, equipment, chemical substance, or other material that in the manner it is used, or could…”
Kimbrough v. State, 911 N.E.2d 621 (Ind. Ct. App. 2009). “" I.C. § 35-41-1-8(a)(2). Thus, to decide whether a wooden leg constitutes a deadly weapon, the jury had to determine whether that object was readily capable of causing serious bodily injury.”
Buckner v. State, 857 N.E.2d 1011 (Ind. Ct. App. 2006). “Indiana Code section 35-41-1-8 defines a deadly weapon as: A destructive device, weapon, device, ta-ser .”
Gleason v. State, 965 N.E.2d 702 (Ind. Ct. App. 2012). “” Ind.Code § 35-41-1-8(2). Serious bodily injury is defined as an injury causing serious permanent disfigurement, unconsciousness, or extreme pain.”
Nicoson v. State, 938 N.E.2d 660 (Ind. 2010). “Ind.Code § 35-41-1-8(a)(1). The criminal confinement statute straightforwardly provides six ways for upgrading the standard class D felony to a C and B offense, including the one used in Nicoson's case.”
Al-Saud v. State, 658 N.E.2d 907 (Ind. 1995). “However, the offense is a: [[Image here]] (2) Class D felony if it is committed while armed with a deadly weapon.”
Timm v. State, 644 N.E.2d 1235 (Ind. 1994). “Ind.Code Ann. § 35-41-1-8 (West Supp.1998).”
Whitfield v. State, 699 N.E.2d 666 (Ind. Ct. App. 1998). “We conclude that under the specific facts of this case, the disabled pellet gun was used in a threatening manner and placed the victims in fear and hence was a deadly weapon within the meaning of Ind.”
Cohen v. State, 714 N.E.2d 1168 (Ind. Ct. App. 1999). “” Ind. Code § 35-41-1-8 ; Timm v. State, 644 N.”
Mitchem v. State, 685 N.E.2d 671 (Ind. 1997). “Pursuant to Ind.Code 35-41-1-8 "Deadly weapon” means: (1) A loaded or unloaded firearm; or (2) A weapon, device, .”
Jackson v. State, 683 N.E.2d 560 (Ind. 1997). “See Ind.Code § 35-41-1-8 (Supp.1994) (“deadly weapon” is a weapon that in the manner it is used or is intended to be used is readily capable of causing serious bodily injury); Ind.”
Lamb v. State, 462 N.E.2d 1025 (Ind. 1984). “Code § 35-41-1-7 (Burns 1983 Supp.), and “deadly weapon” is defined as “a weapon, device, equipment, chemical substance, or other material that in the manner it is used .”
— Ind. Code § 35-41-1-8(2) — 4 cases
Gleason v. State, 965 N.E.2d 702 (Ind. Ct. App. 2012). “” Ind.Code § 35-41-1-8(2). Serious bodily injury is defined as an injury causing serious permanent disfigurement, unconsciousness, or extreme pain.”
Buckner v. State, 857 N.E.2d 1011 (Ind. Ct. App. 2006). “Indiana Code section 35-41-1-8 defines a deadly weapon as: A destructive device, weapon, device, ta-ser .”
Phelps v. State, 669 N.E.2d 1062 (Ind. Ct. App. 1996).
William Capps, Jr. v. State of Indiana (Ind. Ct. App. 2012).
— Ind. Code § 35-41-1-8(a)(1) — 1 case
Nicoson v. State, 938 N.E.2d 660 (Ind. 2010). “Ind.Code § 35-41-1-8(a)(1). The criminal confinement statute straightforwardly provides six ways for upgrading the standard class D felony to a C and B offense, including the one used in Nicoson's case.”
— Ind. Code § 35-41-1-8(a)(2) — 1 case
Kimbrough v. State, 911 N.E.2d 621 (Ind. Ct. App. 2009). “" I.C. § 35-41-1-8(a)(2). Thus, to decide whether a wooden leg constitutes a deadly weapon, the jury had to determine whether that object was readily capable of causing serious bodily injury.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.