Explosive or Incendiary Materials or Devices Charges in Iowa

The crime of Explosive or Incendiary Materials or Devices in Iowa is defined by Iowa Code Section 712.6 as follows:

1. A person who possesses any incendiary or explosive device or material with the intent to use such device or material to commit a public offense shall be guilty of a class “C” felony.

2.
a. A person who possesses any incendiary or explosive device or material shall be guilty of an aggravated misdemeanor.

b. This subsection does not apply to a person holding a valid commercial license or user’s permit issued pursuant to chapter 101A, provided that the person is acting within the scope of authority granted by the license or permit.

3. A person who, with the intent to intimidate, annoy, or alarm another person, places a simulated explosive or simulated incendiary device in or near an occupied structure as defined in section 702.12, is guilty of a serious misdemeanor.

Explosive or Incendiary Materials charges in Iowa can apply whether the item in question is a real explosive or incendiary device or a fake one.  Merely possessing a real device or material with the intent to commit any crime with it is a Class C felony under Iowa law.

The Class C felony version of Explosive or Incendiary Materials or Devices under Iowa law carries a 10 year prison sentence. The Aggravated Misdemeanor version can result in a 2 year prison sentence, while the Serious Misdemeanor version carries a maximum penalty of 1 year in the county jail.

Any person who is accused of Explosive or Incendiary Materials offenses in Iowa is wise to remain silent and retain an attorney at once.

See also  Arson Threats Charges in Iowa