(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;
(ii)"Improvised explosive device" means any device,
not commercially manufactured in the ordinary course of
interstate commerce, which contains explosives as defined by
paragraph (i) of this subsection;
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(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;
(ii) "Improvised explosive device" means any device,
not commercially manufactured in the ordinary course of
interstate commerce, which contains explosives as defined by
paragraph (i) of this subsection;
(iii) "Incendiary apparatus" means any fuse,
accelerant, time delay ignition apparatus, mechanism, device or
material or combination of materials designed, devised or
reasonably calculated to cause, spread or accelerate the rate of
burning of a fire, or to cause additional damage at or by a
fire, or to cause an explosion in connection with a fire;
(iv) The terms "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 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 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 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. 6-3-103(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
if he knowingly, and with the intent to threaten, intimidate or
terrorize another person, uses any object or material and
represents it to be an explosive, improvised explosive device or
incendiary apparatus, 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) 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
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
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.