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Furthermore, Phoebe Simms is not the sort of hardened, dangerous and vicious
criminal the law was designed to punish. She was a nave, scared young woman, caught
in and trying to extricate herself from an unpredictable and potentially violent situation.
She accepted the weapon with no intention of using it in any way. She did not brandish
it. She did not threaten anyone with it. She is not a threat to the publics safety. Thus
neither the law nor the public policy behind the law supports her conviction under the
statute. For both reasons, the facts in this case clearly do not substantiate the charge
against her, and this court should grant Phoebe Simms motion to dismiss.