Attorney Eric D. Puryear

Explosive or Incendiary Materials or Devices Charges in Iowa

Puryear Law » Legal Blog » Iowa Criminal Law » 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:


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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.


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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.


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


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