§ 265.09 Criminal use of a firearm in the first degree.\n (1) A person is guilty of criminal use of a firearm in the first\ndegree when he commits any class B violent felony offense as defined in\nparagraph (a) of subdivision one of section 70.02 and he either:\n (a) possesses a deadly weapon, if the weapon is a loaded weapon from\nwhich a shot, readily capable of producing death or other serious injury\nmay be discharged; or\n (b) displays what appears to be a pistol, revolver, rifle, shotgun,\nmachine gun or other firearm.\n Criminal use of a firearm in the first degree is a class B felony.\n (2) Sentencing. Notwithstanding any other provision of law to the\ncontrary, when a person is convicted of criminal use of a firearm in the\nfirst degree as defined in subdivision one of this section, the court\nshall impose an additional consecutive sentence of five years to the\nsentence imposed on the underlying class B violent felony offense where\nthe person convicted of such crime displays a loaded weapon from which a\nshot, readily capable of producing death or other serious injury may be\ndischarged, in furtherance of the commission of such crime, provided,\nhowever, that such additional sentence shall not be imposed if the\ncourt, having regard to the nature and circumstances of the crime and to\nthe history and character of the defendant, finds on the record that\nsuch additional consecutive sentence would be unduly harsh and that not\nimposing such sentence would be consistent with the public safety and\nwould not deprecate the seriousness of the crime. Notwithstanding any\nother provision of law to the contrary, the aggregate of the five year\nconsecutive term imposed pursuant to this subdivision and the minimum\nterm of the indeterminate sentence imposed on the underlying class B\nviolent felony shall constitute the new aggregate minimum term of\nimprisonment, and a person subject to such term shall be required to\nserve the entire aggregate minimum term and shall not be eligible for\nrelease on parole or conditional release during such term. This\nsubdivision shall not apply where the defendant's criminal liability for\ndisplaying a loaded weapon from which a shot, readily capable of\nproducing death or other serious injury may be discharged, in\nfurtherance of the commission of crime is based on the conduct of\nanother pursuant to section 20.00 of this chapter.\n
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