76-15-210. Unlawful conduct involving an explosive, chemical, or incendiary device.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)As used in this section:

(A)"Explosive, chemical, or incendiary device" means:

(I)dynamite and all other forms of high explosives, including water gel, slurry, military C-4 (plastic explosives), blasting agents to include nitro-carbon-nitrate, ammonium nitrate, fuel oil mixtures, cast primers and boosters, R.D.X., P.E.T.N., electric and nonelectric blasting caps, exploding cords commonly called detonating cord, detcord, or primacord, picric acid explosives, T.N.T. and T.N.T. mixtures, nitroglycerin and nitroglycerin mixtures, or any other chemical mixture intended to explode with fire or force;

(II)any explosive bomb, grenade, missile, or similar device; or

(III)any incendiary bomb, grenade, fire bomb, chemical bomb, or similar device, including any device, except kerosene lamps, if criminal intent has not been established, which consists of or includes a breakable container including a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting the flammable liquid or compound or any breakable container which consists of, or includes a chemical mixture that explodes with fire or force and can be carried, thrown, or placed.

(ii)"Explosive, chemical, or incendiary device" does not include rifle, pistol, or shotgun ammunition, reloading components, or muzzleloading equipment.

(b)Terms defined in Sections 76-1-101.5 , 76-15-101 , and 76-15-201 apply to this section.

(2)An actor commits unlawful conduct involving an explosive, chemical, or incendiary device if, under circumstances not amounting to a violation of Part 2, Weapons of Mass Destruction, the actor:

(a)intentionally, knowingly, or recklessly:

(i)possesses or controls an explosive, chemical, or incendiary device; or

(ii)removes or causes to be removed or carries away an 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; or

(b)intentionally or knowingly:

(i)uses or causes to be used an explosive, chemical, or incendiary device in the commission of or an attempt to commit a felony;

(ii)injures another or attempts to injure another person or another person's property through the use of an explosive, chemical, or incendiary device; or

(iii)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 , 76-11-218 , or 78A-2-203 .

(a)A violation of Subsection (2)(a) is a second degree felony.

(b)A violation of Subsection (2)(b) is a first degree felony.

(4)The provisions in Subsection (2)(a)(i) do not apply to:

(a)a public safety officer while acting in an official capacity transporting or otherwise handling an explosive, chemical, or incendiary device;

(b)a member of the armed forces of the United States or Utah National Guard while acting in an official capacity;

(c)a person possessing a valid permit issued under the provisions of the International Fire Code, Section 105 and Chapter 56, or an employee of the permittee acting within the scope of employment;

(d)a 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 ; or

(e)a person or entity possessing or controlling an explosive, chemical, or incendiary device as part of the person's or entity's lawful business operations.

Renumbered and Amended by Chapter 173 , 2025 General Session