Which code defines the act of brandishing a weapon?

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The act of brandishing a weapon is defined under Penal Code 417. This code specifically addresses the unlawful display of a weapon in a threatening manner. Under PC 417, an individual can be charged when they intentionally show, point, or brandish a weapon in a way that causes a reasonable person to fear for their safety. The law emphasizes that it’s not about the use of the weapon to threaten someone in a physical manner, but rather the act of displaying it in a manner that communicates intimidation or potential violence.

In contrast, the other codes referenced address different actions: PC 240 pertains to assault, which involves the threat of violence without necessarily brandishing a weapon; PC 245 covers assault with a deadly weapon, which implies an escalation to physical harm; and PC 242 deals with battery, the actual infliction of bodily injury. Therefore, PC 417 is the only code that precisely defines the act of brandishing a weapon.

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