§ 5-73-108 — Criminal acts involving explosives

(a) (1) A person commits the offense of criminal possession of explosive material or a destructive device if the person: (A) Sells, possesses, manufactures, transfers, or transports explosive material or a destructive device; and (B) Either: (i) Has the purpose of using that explosive material or destructive device to commit an offense; or (ii) Knows or reasonably should know that another person intends to use that explosive material or destructive device to commit an offense. (2) Criminal possession of explosive material or a destructive device is a Class B felony. (b) (1) A person commits the offense of criminal distribution of explosive material if he or she knowingly distributes explosive material to any individual who: (A) Has pleaded guilty or nolo contendere to or been found guilty of a crime in state or federal court punishable by imprisonment for a term exceeding one (1) year; (B) Is a fugitive from justice; (C) Is an unlawful user of or addicted to any controlled substance; (D) Has been adjudicated as having a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect; (E) Is under twenty-one (21) years of age; (F) Is an alien, other than an alien who is: (i) Lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20) , as it existed on January 1, 2009; (ii) In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. § 1157 , as it existed on January 1, 2009, or in asylum status under 8 U.S.C. § 1158 , as it existed on January 1, 2009, and either: (a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 1 8 U.S.C. § 842 , entering the United States on official law enforcement business, and the distribution of explosive material is in furtherance of this official law enforcement business; or (b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 1 8 U.S.C. § 843 , as it existed on January 1, 2009, and the distribution of explosive material is in furtherance of the person's power; (iii) A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the United States Attorney General in consultation with the United States Secretary of Defense under 1 8 U.S.C. § 842 , who is present in the United States under military orders for training or other military purpose authorized by the United States, and the distribution of explosive material is in furtherance of the military orders for training or authorized military purpose; or (iv) Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the distribution of explosive material is in furtherance of the cooperation; (G) Has been dishonorably discharged from any branch of the United States Armed Forces; or (H) Has renounced his or her United States citizenship. (2) Criminal distribution of explosive material is a Class C felony. (c) (1) A person commits the offense of possession of stolen explosive material if he or she: (A) Receives, possesses, transports, ships, conceals, stores, barters, sells, disposes of, or pledges or accepts as security for a loan any stolen explosive materials; and (B) Knows or has reasonable cause to believe that the explosive material was stolen. (2) Possession of stolen explosive material is a Class C felony. (d) (1) A person commits the offense of unlawful receipt or possession of an explosive material if the person receives or possesses explosive material and: (A) Has pleaded guilty or nolo contendere to or has been found guilty in any state or federal court of a crime punishable by imprisonment for a term exceeding one (1) year; (B) Is a fugitive from justice; (C) Is an unlawful user of or addicted to any controlled substance; (D) Has been adjudicated to have a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect; (E) Is under twenty-one (21) years of age; (F) Is an alien, other than an alien who is: (i) Lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20) , as it existed on January 1, 2009; or (ii) In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. § 1157 , as it existed on January 1, 2009, or in asylum status under 8 U.S.C. § 1158 , as it existed on January 1, 2009, and either: (a) A foreign law enforcement officer of a friendly foreign government, as determined by the United States Secretary of State under 1 8 U.S.C. § 842 , entering the United States on official law enforcement business, and the receipt or possession of the explosive material is in furtherance of this official law enforcement business; or (b) A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 1 8 U.S.C. § 843 , as it existed on January 1, 2009, and the receipt or possession of the explosive material is in furtherance of the person's power; (iii) A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the United States Attorney General in consultation with the United States Secretary of Defense under 1 8 U.S.C. § 842 , who is present in the United States under military orders for training or other military purpose authorized by the United States, and the receipt or possession of the explosive material is in furtherance of the military orders for training or authorized military purpose; or (iv) Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the receipt or possession of the explosive material is in furtherance of the cooperation; (G) Has been dishonorably discharged from any branch of the United States Armed Forces; or (H) Has renounced his or her United States citizenship. (2) Unlawful receipt or possession of explosive material is a Class C felony. (3) It is a defense to prosecution under this subsection if at the time of the receiving or possessing the explosive material the person was acting within the scope of his or her employment with a business authorized to use explosive material. (e) It is a Class A misdemeanor for any person to store any explosive material in a manner not in conformity with the Arkansas Fire Prevention Code. (f) A person who commits theft of any explosive material with the purpose to cause harm to a person or property is guilty of a Class B felony. (g) Any explosive material determined to be contraband is subject to seizure by a law enforcement officer and to being destroyed in conformity with the Arkansas Fire Prevention Code. (h) As used in this section, "alien" means a person who is not a citizen or national of the United States.

Legislative History

Amended by Act 2023, No. 736,§ 11, eff. 8/1/2023. Acts 1975, No. 280, § 3108; A.S.A. 1947, § 41-3108; Acts 2005, No. 1226, § 2; 2006 (1st Ex. Sess.), No. 14, § 1; 2009, No. 339, § 1; 2011, No. 1120, § 14.