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Session Laws, 1999
Volume 796, Page 2356   View pdf image
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(3) "Explosive material" does not include those items excluded as
explosives in Article 38A, § 26 of the Code when those items are used in their original
configuration.

[(d)] (E) (1) "Incendiary material" means a flammable or combustible liquid.

(2) "Incendiary material" includes gasoline, acetone, benzene, butane, jet
fuel, fuel oil, kerosene, and diesel fuel.

[(e)] (F) (1) "Toxic material" means material which is capable of causing
death or serious bodily injury almost immediately on being absorbed through the
skin, inhaled, or ingested.

(2) "Toxic material" includes nerve gas, mustard gas, cyanide gas,
chlorine gas, and sulphuric acid.

139C.

A person may not knowingly:

(1) Manufacture, transport, possess, control, store, sell, distribute, or use
a destructive device; or

(2) Possess any explosive, incendiary, or toxic material with intent to
create a destructive device.

139D.

(a) A person who violates the provisions of this subheading is guilty of a felony
and on conviction is subject to a fine of not more than $250,000 or by imprisonment
for not more than 25 years or both.

(b) The sentence imposed under this section may be imposed separate from
and consecutive to or concurrent with a sentence for an offense based on the act or
acts establishing the violation of this subheading.

(c) (1) In addition to the penalty provided in this section, a person convicted
or found to have committed a delinquent act OR FOUND TO HAVE COMMITTED A
DELINQUENT ACT
under this subheading may be ordered by the court to pay
restitution to:

(i) The State, county, municipal corporation, bicounty agency, or
special taxing district for actual costs reasonably incurred due to the placement,
delivery, or detonation of a destructive device, including the search for, removal of,
and damages caused by a destructive device; and

(ii) The owner or tenant of a property for the actual value of any
goods, services, or income lost as a result of the evacuation of the property or damage
sustained due to the placement, delivery, or detonation of a destructive device.

(2) This subsection may not be construed to limit the right of a person to
restitution under § 807 of this article.

 

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Session Laws, 1999
Volume 796, Page 2356   View pdf image
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