In Massachusetts, A Banana Is Considered A “Dangerous Weapon”

According to Part IV, Title I, Chapter 265, Section 15A of the Massachusetts criminal code, any item intentionally used “in a dangerous or potentially dangerous fashion…” can be considered a dangerous weapon. The charge – assault and battery with a dangerous weapon – can result in a years’ long prison sentence.

The statute doesn’t define what a “dangerous weapon” is, but the caselaw has made clear that the definition doesn’t depend on the actual item, but the intent and the way in which the item was used.

Prosecutors regularly assaults with seemingly innocuous items as “A&B with dangerous weapon”

If you throw a coffee mug at a person – that can be a dangerous weapon. If you kick someone, that’s called assault with “shod foot,” or “shoed foot,” which is one of the most common dangerous weapon charges people get.

If you try and shove a banana down someones throat in an attempt to choke them, that can be considered a dangerous weapon.

The factors looked at are intent, and dangerousness. If you intentionally used an item in a way that was dangerous, it now becomes a dangerous weapon.

And courts are not convinced that items are per se innocuous. In fact, it’s quite the opposite. There are some items and weapons that are inherently dangerous like firearms and knives… But there are others that seem pretty tame, yet convictions have been upheld because of the way in which those seemingly harmless items are used.

So, don’t assault anyone to begin with. But if you do… think twice before you reach for a dangerous weapon – like a banana.