As used in this Chapter: (a) Human Being means a person who has been born and is alive; (b) Bodily Injury means physical pain, illness, unconsciousness or any impairment of physical condition; (c) Serious Bodily Injury means bodily injury which creates: serious permanent disfigurement; a substantial risk of death or serious, permanent disfigurement; severe or intense physical pain; or protracted loss or impairment of consciousness or of the function of any bodily member or organ; (d) Deadly Weapon means any firearm, or other weapon, device, instrument, material or substance, whether animate or
COL9192018
inanimate, which in the manner it is used or is intended to be used is known to the defendant to be capable of producing death or serious bodily injury. SOURCE: M.P.C. § 210.0; *Cal. § 1400 (T.D.2 1968); Mass. ch. 265, § 1; N.J. § 2C:11-1. CROSS-REFERENCES: § 19.20; § 31.20 of this Title. COMMENT: Unconsciousness has been expressly set forth in Subsections (b) and (c) as a form of bodily injury and the scope of serious bodily injury has been expanded to include bodily injury which creates a substantial risk of serious, permanent disfigurement or severe, or intense physical pain. Subsection (a) excludes the killing of a fetus from homicide. But see § 19.20 (aggravated assault; Section would be applicable to viable fetus); § 31.20 (abortion). 2018 NOTE: Past publications contained manifest typographical errors in subsection (c), which were corrected by the Compiler pursuant to the authority granted by 1 GCA § 1606.