EXPLOSIVES

In recent years, the use of explosives seems to have become far more prevalent. Whether the bomb was planted by a foreign terrorist, or someone with their own political agenda, the use of explosives is a dangerous, and extremely deadly way to make a point. As such, Nevada lawmakers have created harsh penalties for anyone improperly using explosives.

What are the laws that Bombs?

The laws relating to the explosives are governed by NRS 202.750, 202.820, and 202.830.

NRS 202.750 – “Explosive” defined.

As used in NRS 202.750 to 202.840, inclusive, the term “explosive” means:

  1. Gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses (other than electric circuit breakers), detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compounds, mechanical mixtures or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound mixture or device or any part thereof may cause an explosion; or
  2. Any explosive material included in the list of explosive materials published in the Federal Register and revised annually by the Attorney General of the United States pursuant to 18 USC 841 et. seq.

NRS 202.820 – Use or possession of explosives during commission of a felony; penalties.

  1. A person who:
    1. Uses an explosive to commit any felony; or
    2. Carries an explosive unlawfully during the commission of any felony;
  • is guilty of a separate felony unless the use of an explosive is a necessary element of the other crime.
  1. A person who commits the offense described in subsection 1 is guilty of a category B felony and shall be punished:
    1. For the first offense, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
    2. For the second or any subsequent offense, by imprisonment in the state prison for a minimum term on not less than 2 years and a maximum term of not more than 20 years.

NRS 202.830 – Use of explosives to damage or destroy property prohibited; penalties.

  1. Unless a greater penalty is provided pursuant to subsection 2, a person who maliciously damages or destroys, attempts to damage or destroy, or conspires with another person to damage or destroy, by means of an explosive, any building, vehicle or real property in the State:
  2. If no substantial bodily harm results, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not less than $2,000 nor more than $10,000, or by both fine and imprisonment.
  3. If substantial bodily harm results, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not less than $2,000 nor more than $20,000, or by both fine and imprisonment.
  4. A person who maliciously damages or destroys, attempts to damage or destroy, or conspires with another person to damage or destroy, by means of an explosive, any building, vehicle or real property in the State, knowing or having reason to believe that a human being is therein at the time, is guilty of a category A felony and shall be punished by imprisonment in the state prison:
    1. For life without the possibility of parole;
    2. For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
    3. For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,
  • in the discretion of the jury, or the court upon a plea of guilty or guilty but mentally ill.

What does it mean by “explosives”?

Essentially any bomb or explosive, or individual components thereof, are prohibited. Some of the types items that are prohibited as explosives include, among other things:

  • Gunpowders, or other powders used for blasting;
  • All forms of high explosives;
  • Blasting materials;
  • Fuses (for bombs, not for electrical circuit breakers);
  • Detonators;
  • Incendiary devices; and
  • Chemical or mechanical mixtures or devices that contain combustible unites.

Okay, so what happens if I’m caught with something from that list in my possession?

It depends on why you have the item, and what you plan on using it for.

NRS 202.820 prohibits the use of an explosive to assist in the commission of any felony. This includes both using a bomb to commit the felony, as well as the holding of a bomb during the commission of the felony.

NRS 202.830 prohibits the use of an explosive to destroy property.

What are the possible penalties?

If you are found to be in possession of a bomb or one of its components during the commission of any felony, or in order to assist in the commission of a felony, then you will be charged with a category B felony, and will be facing:

  • For a First Offense:
    • Between 1 and 10 years in a Nevada State Prison; and
    • Possible fines up to $10,000.
  • For any Subsequent Offense:
    • Between 2 and 20 years in a Nevada State Prison.

If you are found to be in possession of a bomb or one its components for the purpose of destroying property, and there is no substantial bodily harm resulting, then you will be charged with a category B felony, and will be facing:

  • Between 2 and 10 years in a Nevada State Prison; and/or
  • Possible fines between $2,000 and $10,000.

If you are found to be in possession of a bomb or one its components for the purpose of destroying property, and there is substantial bodily harm resulting, then you will be charged with a category B felony, and will be facing:

  • Between 2 and 20 years in a Nevada State Prison; and/or
  • Possible fines between $2,000 and $20,000.

If you are found to be in using a bomb to damage or destroy, or attempt to damage or destroy, a building, vehicle, or other structure, with the knowledge that there is a person inside at the time, then you will be charged with a category A felony, and will be facing:

  • Life without the possibility of parole; or
  • Life with the possibility of parole after 10 years have been served; or
  • A definite term of 25 years, with eligibility for parole after 10 years have been served.

Are there any Defenses?

Yes, of course there are. Some of the possible defenses include:

  • No bomb/No intent – Some of the various items that are listed as “explosives,” are common and completely safe items that only become dangerous when paired with a bomb or other explosive. For example, a cell phone, under certain circumstances and uses, could become a detonator. That does not mean, though that all cell phones are detonators. If you or your attorney can show that the items you are being charged with possessing are not in your possession for use in making bombs, then the charges against you should be dropped or dismissed.
  • No bomb – In some circumstances, it may be possible to show that what was commonly believed to be a bomb was, in reality, a fake intimidation tool. In those situations, you cannot be charged with violating NRS 202.820. However, that does not prohibit the prosecutor from bringing other charges that do apply.
  • Legal purpose – There are many people and companies that are allowed to possess bombs, explosives, and the components thereof. If you or your attorney can show that your possession of the items was due to your work in a field where such possession is allowed (for example, certain types of construction that require blasting), then the charges against you should be dropped or dismissed.
  • Lack of Evidence – As with any crime, the prosecution bears the burden of proving every element of the crime “beyond a reasonable doubt.” If there is not enough evidence to uphold this high level of proof, then the charges should be dropped or dismissed.

What should I do if I’ve been charged with possessing explosives?

As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.

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