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2013 SESSION
13100904DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-85 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-85. Manufacture, possession, use, etc., of fire bombs or explosive materials or devices; penalties.
For the purpose of this section:
"Device" means any instrument, apparatus or contrivance, including its component parts, that is capable of producing or intended to produce an explosion but shall not include fireworks as defined in § 27-95.
"Explosive material" means any chemical compound,
mechanical mixture or device that is commonly used or can be used for the
purpose of producing an explosion and which that contains any oxidizing
and combustive agents or other ingredients in such proportions, quantities or
packaging that an ignition by fire, friction, concussion, percussion,
detonation or by any part of the compound or mixture may cause a sudden
generation of highly heated gases. These materials include, but are not limited
to, gunpowder, powders for blasting, high explosives, blasting materials, fuses
(other than electric circuit breakers), detonators, and other detonating agents
and smokeless powder.
"Fire bomb" means any container of a flammable
material such as gasoline, kerosene, fuel oil, or other chemical compound,
having a wick composed of any material or a device or other substance which that,
if set or ignited, is capable of igniting such flammable material or chemical
compound but does not include a similar device commercially manufactured and
used solely for the purpose of illumination or cooking.
"Hoax explosive device" means any device which by
its design, construction, content or characteristics appears to be or to
contain a bomb or other destructive device or explosive but which that is an imitation of any
such device or explosive.
Any person who (i) possesses materials with which fire bombs
or explosive materials or devices can be made with the intent to manufacture
fire bombs or explosive materials or devices or, (ii) manufactures, transports,
distributes, possesses, or uses
a fire bomb or explosive materials or devices shall be guilty of a Class 5
felony. Any person who constructs, uses, places, sends, or causes to be sent
any hoax explosive device so as to intentionally cause another person to
believe that such device is a bomb or explosive shall be guilty of a Class 6 5 felony.
Nothing in this section shall prohibit the authorized manufacture, transportation, distribution, use or possession of any material, substance, or device by a member of the armed forces of the United States, fire fighters or law-enforcement officers, nor shall it prohibit the manufacture, transportation, distribution, use or possession of any material, substance or device to be used solely for scientific research, educational purposes or for any lawful purpose, subject to the provisions of §§ 27-97 and 27-97.2.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $26,523 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.