18-12-106.5. Use of stun guns.

Statute text

A person commits a class 5 felony if he knowingly and unlawfully uses a stun gun in the commission of a criminal offense.

History

Source: L. 87: Entire section added, p. 675, 4, effective May 16.

Annotations

 

ANNOTATION

Annotations

Section unambiguously creates a separate crime whenever a stun gun facilitates commission of the predicate offense, regardless of whether it is discharged. People v. Wheeler, 170 P.3d 817 (Colo. App. 2007).

Attempted robbery is not a lesser included offense of use of a stun gun. People v. Bass, 155 P.3d 547 (Colo. App. 2006).

Misdemeanor menacing is not a lesser included offense of use of a stun gun. People v. Wheeler, 170 P.3d 817 (Colo. App. 2007).