Crimes and offenses-explosives.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0362

HOUSE BILL
NO.
HB0111

Crimes and offenses-explosives.

Sponsored by:
Representative(s) White

A BILL

for

AN ACT relating to crimes and offenses; creating offenses for activities relating to explosive or destructive devices; providing penalties; providing definitions; prohibiting the employment of persons convicted of a felony or a crime of domestic violence in a company possessing explosive o
r
destructive devices; providing an exception; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 6
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3
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111(a)(i)
,
(iv), (b) through (d), by creating new subsections (e) through (g) and by amending and renumbering (e) as (h) is amended to read:

6
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3
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111.

Possession, manufacture, transportation and sale of explosives, improvised explosive device, or incendiary apparatus with unlawful intent prohibited; penalties; definition; exception.

(a)

As used in this section:

(i)

"Explosive" means any chemical or mechanical compound, substance or mixture that is commonly used or intended to cause an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, friction, concussion, percussion or by detonation of any part of the compound or mixture is likely to cause such a sudden generation of heated gases that the resultant gaseous pressures are capable of producing destructive effects on nearby objects, or of destroying life or limb
. The term "explosive" shall include those items and compounds listed as explosives in the federal register as of July 1, 2006 by the
United States
attorney general pursuant to 18 U.S.C. 841(d)
;

(iv)

The terms
"destructive device,"
"explosive," "improvised explosive device" and "incendiary apparatus" shall be construed to include and refer to any explosive, incendiary, bomb, grenade, rocket having a propellant charge of more than four (4) ounces, missile having an explosive or incendiary charge of more than one-quarter (1/4) ounce, mine
, booby trap capable of causing serious bodily injury, Molotov cocktail, bottle bomb, any vessel or container intentionally caused to rupture or mechanically explode by expanding pressure from any gas, acid, dry ice or other chemical mixture,
or similar device containing or represented to contain any poison gas, nerve gas, biological agent or other chemical or substance capable of causing death or serious physical injury.

(b)

Any person who possesses, manufactures, transports, sells or delivers to another person any
destructive device,
explosive, improvised explosive device, or incendiary apparatus, with the intent unlawfully to endanger the life or physical well being of another, to commit assault or battery or to inflict bodily harm or injury upon the person of another, or with the intent to assist another person to do the same, is guilty of a felony. Upon conviction, he shall be punished by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.

(c)

Any person who possesses, manufactures, transports, sells or delivers to another person any
destructive device,
explosive, improvised explosive device, or incendiary apparatus, with the intent to cause injury or damage to the property of another as defined in W.S. 6
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3
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103(c), or with the intent to assist another person to do the same, is guilty of a felony. Upon conviction, he shall be punished by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.

(d)

A person is guilty of intimidation by
explosive device
hoax
if he knowingly, and with the intent to threaten, intimidate or terrorize another person, uses any object or material and represents it to be
, or places it in such a way that it is likely to be interpreted to be,
an explosive, improvised explosive device
,

or

incendiary apparatus
, destructive device, dangerous chemical, or biological or radioactive material
, and thereby places another person in reasonable fear of imminent physical harm. Upon conviction he shall be punished by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both.

(e)

Any person who possesses or manufactures a destructive device is guilty of a felony. Upon conviction, he shall be punished by imprisonment for not more than two (2) years, a fine of not more than five thousand dollars ($5,000.00), or both.

(f)

A person is guilty of theft of explosives or destructive devices if he steals any explosive or destructive device from any individual, employer, mine, magazine, military firing range or place of business that is legally possessing explosive products or destructive devices. Upon conviction, he shall be punished by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.

(g)

No person convicted of a felony or a crime involving domestic violence shall be employed by any person or company in a capacity where he shall be in possession of or have access to explosive products or destructive devices with the exception of fireworks offered for sale to nonagricultural consumers and not specifically prohibited in 16 C.F.R. 1500.17(a)(3), (8), (9) and (11).

(e)
(h)

Nothing contained in this section shall be construed to apply to any law enforcement officer if performed in the lawful performance of his official duties, nor to any person
who has not been convicted of a felony or a crime involving domestic violence and who is
customarily engaged in the lawful business of manufacture, transportation, sale or use of such materials and devices, if performed in the ordinary course of business and without the criminal intent described in this section, nor to any person
who has not been convicted of a felony or a crime involving domestic violence and who is
actually and lawfully engaged in demolition activity on a ranch, farm or construction site with the authority of the owner thereof, and acting without the criminal intent described in this section.

Section 2.

This act is effective July 1, 2006.

(END)

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HB0111