CHAPTER 5. OFFENSES RELATING TO REGULATED EXPLOSIVES
IC 35-47.5-5
Chapter 5. Offenses Relating to Regulated Explosives
IC 35-47.5-5-1
Application
Sec. 1. Sections 2, 3, 4, 5, and 6 of this chapter do not apply to thefollowing:
(1) A person authorized to manufacture, possess, transport,distribute, or use a destructive device or detonator under thelaws of the United States, as amended, or under Indiana lawwhen the person is acting in accordance with the laws,regulations, and rules issued under federal or Indiana law.
(2) A person who is issued a permit for blasting or surface coalmining by the director of the department of natural resourcesunder IC 14-34 when the person is acting under the laws andrules of Indiana and any ordinances and regulations of thepolitical subdivision or authority of the state where blasting ormining operations are being performed.
(3) Fireworks (as defined in IC 22-11-14-1) and a personauthorized by the laws of Indiana and of the United States tomanufacture, possess, distribute, transport, store, exhibit,display, or use fireworks.
(4) A law enforcement agency, a fire service agency, thedepartment of homeland security, or an emergency managementagency of Indiana, an agency or an authority of a politicalsubdivision of the state or the United States, and an employeeor authorized agent of the United States while in performanceof official duties.
(5) A law enforcement officer, a fire official, or an emergencymanagement official of the United States or any other state ifthat person is attending training in Indiana.
(6) The armed forces of the United States or of Indiana.
(7) Research or educational programs conducted by or on behalfof a college, university, or secondary school that are:
(A) authorized by the chief executive officer of theeducational institution or the officer's designee; or
(B) conducted under the policy of the educational institution;
and conducted in accordance with the laws of the United Statesand Indiana.
(8) The use of explosive materials in medicines and medicinalagents in forms prescribed by the most recent published editionof the official United States Pharmacopoeia or the NationalFormulary.
(9) Small arms ammunition and reloading components of smallarms ammunition.
(10) Commercially manufactured black powder in quantities notto exceed fifty (50) pounds, percussion caps, safety andpyrotechnic fuses, quills, quick and slow matches, and frictionprimers intended to be used solely for sporting, recreational, orcultural purposes in antique firearms or antique devices. (11) An explosive that is lawfully possessed for use inlegitimate agricultural or business activities.
As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006,SEC.545.
IC 35-47.5-5-2
Destructive devices
Sec. 2. A person who knowingly or intentionally:
(1) possesses;
(2) manufactures;
(3) transports;
(4) distributes;
(5) possesses with the intent to distribute; or
(6) offers to distribute;
a destructive device, unless authorized by law, commits a Class Cfelony.
As added by P.L.123-2002, SEC.50.
IC 35-47.5-5-3
Regulated explosives; persons convicted of felonies; priorunrelated convictions
Sec. 3. A person who has been convicted of a felony by an Indianacourt or a court of any other state, the United States, or anothercountry and knowingly or intentionally:
(1) possesses;
(2) manufactures;
(3) transports;
(4) distributes;
(5) possesses with the intent to distribute; or
(6) offers to distribute;
a regulated explosive commits a Class C felony. However, theoffense is a Class B felony if the person has a prior unrelatedconviction for an offense under this section.
As added by P.L.123-2002, SEC.50.
IC 35-47.5-5-4
Distribution of regulated explosives to persons convicted of felony
Sec. 4. A person who knowingly or intentionally distributes aregulated explosive to a person who has been convicted of a felonyby an Indiana court or a court of another state, the United States, oranother country commits a Class C felony.
As added by P.L.123-2002, SEC.50.
IC 35-47.5-5-5
Distribution of destructive device, explosive, or detonator to aminor
Sec. 5. A person who knowingly or intentionally distributes oroffers to distribute:
(1) a destructive device;
(2) an explosive; or (3) a detonator;
to a person who is less than eighteen (18) years of age commits aClass B felony.
As added by P.L.123-2002, SEC.50.
IC 35-47.5-5-6
Hoax devices or replicas
Sec. 6. A person who:
(1) manufactures;
(2) possesses;
(3) transports;
(4) distributes; or
(5) uses;
a hoax device or replica with the intent to cause another to believethat the hoax device or replica is a destructive device or detonatorcommits a Class D felony.
As added by P.L.123-2002, SEC.50.
IC 35-47.5-5-7
Hindering or obstructing detection, disarming, or destruction ofdestructive device
Sec. 7. A person who knowingly or intentionally hinders orobstructs:
(1) a law enforcement officer;
(2) a fire official;
(3) an emergency management official;
(4) an animal trained to detect destructive devices; or
(5) a robot or mechanical device designed or used by a lawenforcement officer, fire official, or emergency managementofficial;
of Indiana or of the United States in the detection, disarming, ordestruction of a destructive device commits a Class B felony.
As added by P.L.123-2002, SEC.50.
IC 35-47.5-5-8
Destructive device or explosive to kill, injure, or intimidate or todestroy property
Sec. 8. A person who:
(1) possesses;
(2) transports;
(3) receives;
(4) places; or
(5) detonates;
a destructive device or explosive with the knowledge or intent thatit will be used to kill, injure, or intimidate an individual or to destroyproperty commits a Class A felony.
As added by P.L.123-2002, SEC.50.
IC 35-47.5-5-9
Use of overpressure device Sec. 9. A person who knowingly or intentionally uses anoverpressure device commits a Class A misdemeanor. However, theoffense is a Class D felony if the person has a prior unrelatedconviction for an offense under this section.
As added by P.L.123-2002, SEC.50.
IC 35-47.5-5-10
Deploying a booby trap
Sec. 10. A person who knowingly or intentionally deploys abooby trap commits a Class D felony.
As added by P.L.123-2002, SEC.50.
IC 35-47.5-5-11
Use of regulated explosive in violation of commission rule
Sec. 11. A person who recklessly violates a rule regarding the useof a regulated explosive adopted by the commission underIC 35-47.5-4-4.5 commits a Class A misdemeanor. However, theoffense is a Class D felony if the violation of the rule proximatelycauses bodily injury or death.
As added by P.L.35-2004, SEC.3.