State v. Foote

Summary

The South Dakota Supreme Court considered whether a Taser qualifies as a dangerous weapon under South Dakota law and whether sufficient evidence supported Foote’s aggravated-assault convictions. The court held that a Taser is a stun gun and therefore a dangerous weapon by statutory definition, and that the evidence supported the jury’s finding that Foote attempted to use it in a manner likely to cause serious bodily harm. The convictions were affirmed.

Holdings

1. A Taser is a type of stun gun, and any stun gun is a dangerous weapon by statutory definition; therefore, the State was not required to prove that this particular Taser was designed or used in a manner likely to inflict death or serious bodily harm.
2. The evidence and favorable inferences permitted the jury to find beyond a reasonable doubt that Foote attempted to use the Taser in a manner likely to inflict serious bodily harm on the officers.

Questions Presented

1. Whether the evidence was sufficient to establish that the Taser was a dangerous weapon under South Dakota law.
2. Whether the evidence was sufficient to establish that Foote attempted to use the Taser to cause bodily injury to the law enforcement officers.
3. Whether the circuit court erred by denying Foote's motion for judgment of acquittal.

Disposition

affirmed