21-3731. Criminal use of explosives. - Kansas Statutes

21-3731

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 37.--CRIMES AGAINST PROPERTY

      21-3731.   Criminal use of explosives.(a) Criminal use of explosives is the:

      (1)   Possession, manufacture ortransportation of commercial explosives; chemical compounds that formexplosives;a combination of chemicals, compounds or materials, including, but notlimited to, the presence of an acid, a base, dry ice or aluminum foil, that areplaced in a container for the purpose of generating a gas or gases to cause amechanical failure, rupture or bursting of the container;incendiary or explosive material, liquid or solid; detonators;blasting caps; military explosive fuse assemblies; squibs; electricmatch orfunctional improvised fuse assemblies; or any completed explosive devicescommonly known as pipe bombs or molotov cocktails. For purposes of thissection, explosivesshall not include legally obtained and transferredcommercial explosives by licensed individualsandammunition and commercially available loading powders and products used asammunition, and consumer fireworks, as defined in 27 C.F.R. 555.11,in effect on the effective date of the act, unless such consumer fireworksaremodified or assembled as a device that deflagrates or explodes when used for apurpose not intended by the manufacturer; or

      (2)   possession, creation or construction of a simulated explosive,destructivedevice, incendiary, radiological, biological or poison gas, bomb, rocket,missile, mine, grenade, dispersal device or similar simulated device, withintent tointimidate or cause alarm to another person.

      (b) (1)   Criminal use of explosives as defined in subsection (a)(1)is aseveritylevel 6, person felony.

      (2)   Criminal use of explosives as defined in subsection (a)(1)if: (A) The possession, manufacture or transportation is intended to be used tocommit a crime or is delivered to another with knowledge that such otherintends to use such substance to commit a crime;(B) a publicsafety officer is placed at risk to defuse such explosive; or (C) the explosiveis introducedinto a building in which there is another human being, is a severity level5,person felony.

      (3)   Criminal use of explosives as defined in subsection (a)(2) is aseverity level 8, person felony.

      (c)   The provisions of subsection (a)(1) shall not prohibit law enforcementofficials, the United States military, public safety officials, accreditededucational institutions or licensed or registered businesses, and associatedpersonnel, from engaging in legitimate public safety training, demonstrationsorexhibitions requiring the authorized construction or use of such simulateddevices or materials.

      History:   L. 1969, ch. 180, § 21-3731;L. 1992, ch. 239, § 125;L. 1993, ch. 291, § 84;L. 1994, ch. 348, § 14;L. 1999, ch. 164, § 10;L. 2007, ch. 169, § 2; May 17.