UTAH CODE (Last Updated: January 16, 2015) |
Title 76. Utah Criminal Code |
Chapter 10. Offenses Against Public Health, Safety, Welfare, and Morals |
Part 3. Explosives |
§ 76-10-306. Explosive, chemical, or incendiary device and parts -- Definitions -- Persons exempted -- Penalties.
Latest version.
-
(2) The provisions in Subsections (3) and (6) do not apply to: (a) any public safety officer while acting in an official capacity transporting or otherwise handling explosives, chemical, or incendiary devices; (b) any member of the armed forces of the United States or Utah National Guard while acting in an official capacity; (c) any person possessing a valid permit issued under the provisions of Uniform Fire Code, Article 77, or any employee of the permittee acting within the scope of employment; (d) any person possessing a valid license as an importer, wholesaler, display operator, special effects operator, or flame effects operator under the provisions of Sections 11-3-3.5 and 53-7-223; and (e) any person or entity possessing or controlling an explosive, chemical, or incendiary device as part of its lawful business operations. (3) Any person is guilty of a second degree felony who, under circumstances not amounting to a violation of Title 76, Chapter 10, Part 4, Weapons of Mass Destruction, knowingly, intentionally, or recklessly possesses or controls an explosive, chemical, or incendiary device. (4) Any person is guilty of a first degree felony who, under circumstances not amounting to a violation of Title 76, Chapter 10, Part 4, Weapons of Mass Destruction, knowingly or intentionally: (a) uses or causes to be used an explosive, chemical, or incendiary device in the commission of or an attempt to commit a felony; (b) injures another or attempts to injure another person or another person's property through the use of an explosive, chemical, or incendiary device; or (c) transports, possesses, distributes, or sells any explosive, chemical, or incendiary device in a secure area established pursuant to Section 76-8-311.1, 76-8-311.3, 76-10-529, or 78A-2-203. (5) Any person who, under circumstances not amounting to a violation of Title 76, Chapter 10, Part 4, Weapons of Mass Destruction, knowingly, intentionally, or recklessly removes or causes to be removed or carries away any explosive, chemical, or incendiary device from the premises where the explosive, chemical, or incendiary device is kept by the lawful user, vendor, transporter, or manufacturer without the consent or direction of the lawful possessor is guilty of a second degree felony. (6) Any person who, under circumstances not amounting to a violation of Title 76, Chapter 10, Part 4,Weapons of Mass Destruction, knowingly, intentionally, or recklessly possesses any explosive, chemical, or incendiary parts is guilty of a third degree felony.
Amended by Chapter 61, 2010 General Session