18.2-85 - Manufacture, possession, use, etc., of fire bombs or explosive materials or devices; penalties. - Virginia Statutes

§ 18.2-85. Manufacture, possession, use, etc., of fire bombs or explosivematerials or devices; penalties.

For the purpose of this section:

"Device" means any instrument, apparatus or contrivance, including itscomponent parts, that is capable of producing or intended to produce anexplosion but shall not include fireworks as defined in § 27-95.

"Explosive material" means any chemical compound, mechanical mixture ordevice that is commonly used or can be used for the purpose of producing anexplosion and which contains any oxidizing and combustive agents or otheringredients in such proportions, quantities or packaging that an ignition byfire, friction, concussion, percussion, detonation or by any part of thecompound or mixture may cause a sudden generation of highly heated gases.These materials include, but are not limited to, gunpowder, powders forblasting, high explosives, blasting materials, fuses (other than electriccircuit breakers), detonators, and other detonating agents and smokelesspowder.

"Fire bomb" means any container of a flammable material such as gasoline,kerosene, fuel oil, or other chemical compound, having a wick composed of anymaterial or a device or other substance which, if set or ignited, is capableof igniting such flammable material or chemical compound but does not includea similar device commercially manufactured and used solely for the purpose ofillumination or cooking.

"Hoax explosive device" means any device which by its design, construction,content or characteristics appears to be or to contain a bomb or otherdestructive device or explosive but which is an imitation of any such deviceor explosive.

Any person who (i) possesses materials with which fire bombs or explosivematerials or devices can be made with the intent to manufacture fire bombs orexplosive materials or devices or, (ii) manufactures, transports,distributes, possesses or uses a fire bomb or explosive materials or devicesshall be guilty of a Class 5 felony. Any person who constructs, uses, places,sends, or causes to be sent any hoax explosive device so as to intentionallycause another person to believe that such device is a bomb or explosive shallbe guilty of a Class 6 felony.

Nothing in this section shall prohibit the authorized manufacture,transportation, distribution, use or possession of any material, substance,or device by a member of the armed forces of the United States, fire fightersor law-enforcement officers, nor shall it prohibit the manufacture,transportation, distribution, use or possession of any material, substance ordevice to be used solely for scientific research, educational purposes or forany lawful purpose, subject to the provisions of §§ 27-97 and 27-97.2.

(Code 1950, § 18.1-78.6; 1968, c. 249; 1972, c. 126; 1975, cc. 14, 15, 497;1976, c. 526; 1977, c. 326; 1990, cc. 644, 647; 1992, c. 540; 2000, cc. 951,1065; 2002, cc. 588, 623; 2005, c. 204.)