458d. Carrying and use of bladed weapons and others
Any person who without justified motive, uses against another person brass knuckles, blackjacks, bludgeons, ninja stars, knives, daggers, swords, slings, rapiers, harpoons, curved knives, stilettos, air guns, ice picks, or any other similar object that may be deemed to be a bladed weapon, including safety razor blades, cudgels and hypodermic needles, or syringes with needles or similar instruments, or unsheathes, shows, or uses to commit or attempt to commit a crime, shall be guilty of a felony and upon conviction shall be punished with a penalty of imprisonment for a fixed term of three (3) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of six (6) years; should there be extenuating circumstances, it may be reduced to a minimum of six (6) months and one (1) day. The penalties established herein shall be without the right to suspended sentence, to parole, or to enjoy the benefits of a diversion program or to benefits or alternatives to imprisonment acknowledged in this jurisdiction, having to serve in calendar years the total amount of the penalty imposed.
Any person who possesses, carries, or conveys any of the weapons listed herein for their use as instruments proper to an art, sport, profession, occupation, trade or due to any health condition, or disability, or defenselessness, is excluded from the application of this section.
Any person who without justified motive, uses against another person brass knuckles, blackjacks, bludgeons, ninja stars, knives, daggers, swords, slings, rapiers, harpoons, curved knives, stilettos, air guns, ice picks, or any other similar object that may be deemed to be a bladed weapon, including safety razor blades, cudgels and hypodermic needles, or syringes with needles or similar instruments, or unsheathes, shows, or uses to commit or attempt to commit a crime, shall be guilty of a felony and upon conviction shall be punished with a penalty of imprisonment for a fixed term of three (3) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of six (6) years; should there be extenuating circumstances, it may be reduced to a minimum of six (6) months and one (1) day. The penalties established herein shall be without the right to suspended sentence, to parole, or to enjoy the benefits of a diversion program or to benefits or alternatives to imprisonment acknowledged in this jurisdiction, having to serve in calendar years the total amount of the penalty imposed.
Any person who possesses, carries, or conveys any of the weapons listed herein for their use as instruments proper to an art, sport, profession, occupation, trade or due to any health condition, or disability, or defenselessness, is excluded from the application of this section.
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