§132D-14 Penalty.

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§132D-14 Penalty.

(a)Except as provided in subsections

(b)and (c), any person:

(1)Importing, storing, or distributing aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks without having a valid license as required pursuant to section 132D-7:

(A)Shall be guilty of a class C felony; and

(B)Notwithstanding subparagraph (A), if the total weight of the aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks is twenty-five pounds or more, shall be guilty of a class B felony; and

(2)Purchasing, possessing, setting off, igniting, discharging, or otherwise causing to explode aerial devices, articles pyrotechnic, or display fireworks without a valid permit required pursuant to sections 132D-10 and 132D-16:

(A)If the total weight of the aerial devices, articles pyrotechnic, and display fireworks is fifty pounds or more, shall be guilty of a class B felony;

(B)If the total weight of the aerial devices, articles pyrotechnic, and display fireworks is twenty-five pounds or more, shall be guilty of a class C felony;

(C)If the total weight of the aerial devices, articles pyrotechnic, and display fireworks is five pounds or more, shall be guilty of a misdemeanor; and

(D)If the total weight of the aerial devices, articles pyrotechnic, and display fireworks is less than five pounds or if the total weight cannot be determined, shall be fined $300 and subject to proceedings under chapter 291D.

(b)Any person who would otherwise be subject to sentencing for a criminal offense under subsection

(a)shall be guilty of an offense one class or grade higher, as the case may be, than that provided in subsection

(a)if:

(1)The person has been convicted one or more times for any offense under this chapter within ten years of the instant offense; or

(2)Any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks imported, stored, distributed, purchased, possessed, set off, ignited, discharged, or otherwise caused to explode in the commission of the offense under subsection

(a)cause substantial bodily injury to another person.

(c)Any person who would otherwise be subject to sentencing for a criminal offense under subsection

(a)shall be guilty of an offense two classes or grades higher, as the case may be, than that provided in subsection

(a)if any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks imported, stored, distributed, purchased, possessed, set off, ignited, discharged, or otherwise caused to explode in the commission of the offense under subsection

(a)cause serious bodily injury or death to another person; provided that for an offense already classified as a class B felony, the person shall be guilty of a class A felony.

(d)The state of mind requirement for subsections

(b)and

(c)shall not be applicable to whether the person was aware that any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks caused or would cause the injury or death. A person shall be strictly liable with respect to the attendant circumstance that the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks caused the injury or death.

(e)Except as provided in subsection (a), (b), or (c), or as otherwise specifically provided for in this chapter, any person violating any other provision of this chapter, shall be guilty of a violation and fined no less than $500 and no more than $5,000 for each violation.

(f)The court shall collect the fines imposed in subsections (a), (b), (c), and (e), for violating this chapter and, of the fines collected, shall pay twenty per cent to the State and eighty per cent to the county in which the fine was imposed, which shall be expended by the county for law enforcement purposes.

(g)Notwithstanding any penalty set forth herein, violations of subsection (a)(1) may be subject to nuisance abatement proceedings provided in part V of chapter 712. [L 1994, c 180, pt of §1; am L 2000, c 233, §12; am L 2006, c 183, §16; am L 2010, c 136, §3; am L 2019, c 248, §2; am L 2022, c 104, §2; am L 2024, c 208, §7; am L 2025, c 243, §12]