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Message: <blockquote data-quote="ricco" data-source="post: 3723331" data-attributes="member: 46005">Let's look at what I wrote, ".. but unless that disparity is undeniably obvious..". There is no Bright Line test on DOF and therein lies the problem, we are always looking for that Bright Line. There can't be a Bright Line because we don't know for certain when DOF applies. Just because a person is 70 years old doesn't always mean he will  lose a fight with a 20 year old. If a 70 year old former pro boxer injures the 20 year old what happens to DOF? Does the fact that the 70 year old had exceptional skills and the 20 year old didn't now mean that DOF falls in the 20 year olds favor. If the 20 year old with no skills beats up a 70 year old that has skills where does DOF fall? If a 20 year old athlete beats up a 70 year old disabled person then disparity is undeniably obvious isn't it.There is no denying that people have died as a result of the knock out game but only in rare cases is it the punch alone that causes death, very few people can land a single punch hard enough to cause death. Almost always death occurs because the persons head hit's a hard surface, concrete, asphalt, etc., although there are the rare outliers. If we are going to say that empty hands are "deadly weapons" in legal terms, we are going to need a lot more prisons. Would we want Attempted Murder charges filed everytime two drunks start throwing punches at each other, probably not.</blockquote>