76-15-211. Unlawful conduct involving an explosive, chemical, or incendiary part.

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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:

(i)"Explosive, chemical, or incendiary device" means the same as that term is defined in Section 76-15-210 .

(A)"Explosive, chemical, or incendiary part" means an explosive, chemical, or incendiary part substance or material, or combination of explosive, chemical, or incendiary part substances or materials, that has been prepared or altered for use in the creation of an explosive, chemical, or incendiary device.

(B)"Explosive, chemical, or incendiary part" does not include rifle, pistol, or shotgun ammunition, or any signaling device customarily used in operation of railroad equipment.

(iii)"Explosive, chemical, or incendiary part substance or material" includes:

(A)a timing device, clock, or watch that has been altered in such a manner as to be used as the arming device in an explosive;

(B)a pipe, end cap, or metal tubing that has been prepared for a pipe bomb; and

(C)a mechanical timer, mechanical trigger, chemical time delay, electronic time delay, or commercially made or improvised items that, when used singly or in combination, may be used in the construction of a timing delay mechanism, booby trap, or activating mechanism for an explosive, chemical, or incendiary device.

(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 part if, under circumstances not amounting to a violation of Part 3, Weapons of Mass Destruction, the actor intentionally, knowingly, or recklessly possesses an explosive, chemical, or incendiary part.

(3)A violation of Subsection

(2)is a third degree felony.

(4)The provisions in Subsection

(2)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.

Enacted by Chapter 173 , 2025 General Session