PL 265.08 Cr. use of firearm 2nd deg Class C armed violent felony Link to CJI2d
§ 265.08 Criminal use of a firearm in the second degree.
    A person is guilty of criminal use of a firearm in the second
degree when he commits any class  C  violent  felony  offense  as
defined  in paragraph (b) of subdivision one of section 70.02 and
he either:
    (1)  possesses  a  deadly  weapon,  if the weapon is a loaded
weapon from which a shot, readily capable of producing  death  or
other serious injury may be discharged; or
    (2)  displays  what  appears to be a pistol, revolver, rifle,
shotgun, machine gun or other firearm.
    Criminal  use  of a firearm in the second degree is a class C
felony.
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Subdivision Elements Lesser included offenses
PL 265.08(1)
  • commits class C violent felony
  • possesses loaded deadly weapon

LIO

PL 265.08(2)
  • commits class C violent felony
  • displays apparent firearm

LIO

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