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 the
following:
(1) A person authorized to manufacture, possess, transport,
distribute, or use a destructive device or detonator under the
laws of the United States, as amended, or under Indiana law
when 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 coal
mining by the director of the department of natural resources
under IC 14-34 when the person is acting under the laws and
rules of Indiana and any ordinances and regulations of the
political subdivision or authority of the state where blasting or
mining operations are being performed.
(3) Fireworks (as defined in IC 22-11-14-1) and a person
authorized by the laws of Indiana and of the United States to
manufacture, possess, distribute, transport, store, exhibit,
display, or use fireworks.
(4) A law enforcement agency, a fire service agency, the
department of homeland security, or an emergency management
agency of Indiana, an agency or an authority of a political
subdivision of the state or the United States, and an employee
or authorized agent of the United States while in performance
of official duties.
(5) A law enforcement officer, a fire official, or an emergency
management official of the United States or any other state if
that 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 behalf
of a college, university, or secondary school that are:
(A) authorized by the chief executive officer of the
educational 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 States
and Indiana.
(8) The use of explosive materials in medicines and medicinal
agents in forms prescribed by the most recent published edition
of the official United States Pharmacopoeia or the National
Formulary.
(9) Small arms ammunition and reloading components of small
arms ammunition.
(10) Commercially manufactured black powder in quantities not
to exceed fifty (50) pounds, percussion caps, safety and
pyrotechnic fuses, quills, quick and slow matches, and friction
primers intended to be used solely for sporting, recreational, or
cultural purposes in antique firearms or antique devices.
(11) An explosive that is lawfully possessed for use in
legitimate 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 C
felony. As added by P.L.123-2002, SEC.50.
IC 35-47.5-5-3 Regulated explosives; persons convicted of felonies; prior
unrelated convictions
Sec. 3. A person who has been convicted of a felony by an Indiana
court or a court of any other state, the United States, or another
country 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, the
offense is a Class B felony if the person has a prior unrelated
conviction 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 a
regulated explosive to a person who has been convicted of a felony
by an Indiana court or a court of another state, the United States, or
another 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 a
minor
Sec. 5. A person who knowingly or intentionally distributes or
offers 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 a
Class 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 believe
that the hoax device or replica is a destructive device or detonator
commits 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 of
destructive device
Sec. 7. A person who knowingly or intentionally hinders or
obstructs:
(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 law
enforcement officer, fire official, or emergency management
official;
of Indiana or of the United States in the detection, disarming, or
destruction 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 to
destroy 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 that
it will be used to kill, injure, or intimidate an individual or to destroy
property 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 an
overpressure device commits a Class A misdemeanor. However, the
offense is a Class D felony if the person has a prior unrelated
conviction 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 a
booby 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 use
of a regulated explosive adopted by the commission under
IC 35-47.5-4-4.5 commits a Class A misdemeanor. However, the
offense is a Class D felony if the violation of the rule proximately
causes bodily injury or death. As added by P.L.35-2004, SEC.3.
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 the
following:
(1) A person authorized to manufacture, possess, transport,
distribute, or use a destructive device or detonator under the
laws of the United States, as amended, or under Indiana law
when 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 coal
mining by the director of the department of natural resources
under IC 14-34 when the person is acting under the laws and
rules of Indiana and any ordinances and regulations of the
political subdivision or authority of the state where blasting or
mining operations are being performed.
(3) Fireworks (as defined in IC 22-11-14-1) and a person
authorized by the laws of Indiana and of the United States to
manufacture, possess, distribute, transport, store, exhibit,
display, or use fireworks.
(4) A law enforcement agency, a fire service agency, the
department of homeland security, or an emergency management
agency of Indiana, an agency or an authority of a political
subdivision of the state or the United States, and an employee
or authorized agent of the United States while in performance
of official duties.
(5) A law enforcement officer, a fire official, or an emergency
management official of the United States or any other state if
that 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 behalf
of a college, university, or secondary school that are:
(A) authorized by the chief executive officer of the
educational 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 States
and Indiana.
(8) The use of explosive materials in medicines and medicinal
agents in forms prescribed by the most recent published edition
of the official United States Pharmacopoeia or the National
Formulary.
(9) Small arms ammunition and reloading components of small
arms ammunition.
(10) Commercially manufactured black powder in quantities not
to exceed fifty (50) pounds, percussion caps, safety and
pyrotechnic fuses, quills, quick and slow matches, and friction
primers intended to be used solely for sporting, recreational, or
cultural purposes in antique firearms or antique devices.
(11) An explosive that is lawfully possessed for use in
legitimate 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 C
felony. As added by P.L.123-2002, SEC.50.
IC 35-47.5-5-3 Regulated explosives; persons convicted of felonies; prior
unrelated convictions
Sec. 3. A person who has been convicted of a felony by an Indiana
court or a court of any other state, the United States, or another
country 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, the
offense is a Class B felony if the person has a prior unrelated
conviction 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 a
regulated explosive to a person who has been convicted of a felony
by an Indiana court or a court of another state, the United States, or
another 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 a
minor
Sec. 5. A person who knowingly or intentionally distributes or
offers 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 a
Class 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 believe
that the hoax device or replica is a destructive device or detonator
commits 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 of
destructive device
Sec. 7. A person who knowingly or intentionally hinders or
obstructs:
(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 law
enforcement officer, fire official, or emergency management
official;
of Indiana or of the United States in the detection, disarming, or
destruction 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 to
destroy 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 that
it will be used to kill, injure, or intimidate an individual or to destroy
property 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 an
overpressure device commits a Class A misdemeanor. However, the
offense is a Class D felony if the person has a prior unrelated
conviction 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 a
booby 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 use
of a regulated explosive adopted by the commission under
IC 35-47.5-4-4.5 commits a Class A misdemeanor. However, the
offense is a Class D felony if the violation of the rule proximately
causes bodily injury or death. As added by P.L.35-2004, SEC.3.
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 the
following:
(1) A person authorized to manufacture, possess, transport,
distribute, or use a destructive device or detonator under the
laws of the United States, as amended, or under Indiana law
when 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 coal
mining by the director of the department of natural resources
under IC 14-34 when the person is acting under the laws and
rules of Indiana and any ordinances and regulations of the
political subdivision or authority of the state where blasting or
mining operations are being performed.
(3) Fireworks (as defined in IC 22-11-14-1) and a person
authorized by the laws of Indiana and of the United States to
manufacture, possess, distribute, transport, store, exhibit,
display, or use fireworks.
(4) A law enforcement agency, a fire service agency, the
department of homeland security, or an emergency management
agency of Indiana, an agency or an authority of a political
subdivision of the state or the United States, and an employee
or authorized agent of the United States while in performance
of official duties.
(5) A law enforcement officer, a fire official, or an emergency
management official of the United States or any other state if
that 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 behalf
of a college, university, or secondary school that are:
(A) authorized by the chief executive officer of the
educational 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 States
and Indiana.
(8) The use of explosive materials in medicines and medicinal
agents in forms prescribed by the most recent published edition
of the official United States Pharmacopoeia or the National
Formulary.
(9) Small arms ammunition and reloading components of small
arms ammunition.
(10) Commercially manufactured black powder in quantities not
to exceed fifty (50) pounds, percussion caps, safety and
pyrotechnic fuses, quills, quick and slow matches, and friction
primers intended to be used solely for sporting, recreational, or
cultural purposes in antique firearms or antique devices.
(11) An explosive that is lawfully possessed for use in
legitimate 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 C
felony. As added by P.L.123-2002, SEC.50.
IC 35-47.5-5-3 Regulated explosives; persons convicted of felonies; prior
unrelated convictions
Sec. 3. A person who has been convicted of a felony by an Indiana
court or a court of any other state, the United States, or another
country 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, the
offense is a Class B felony if the person has a prior unrelated
conviction 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 a
regulated explosive to a person who has been convicted of a felony
by an Indiana court or a court of another state, the United States, or
another 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 a
minor
Sec. 5. A person who knowingly or intentionally distributes or
offers 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 a
Class 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 believe
that the hoax device or replica is a destructive device or detonator
commits 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 of
destructive device
Sec. 7. A person who knowingly or intentionally hinders or
obstructs:
(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 law
enforcement officer, fire official, or emergency management
official;
of Indiana or of the United States in the detection, disarming, or
destruction 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 to
destroy 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 that
it will be used to kill, injure, or intimidate an individual or to destroy
property 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 an
overpressure device commits a Class A misdemeanor. However, the
offense is a Class D felony if the person has a prior unrelated
conviction 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 a
booby 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 use
of a regulated explosive adopted by the commission under
IC 35-47.5-4-4.5 commits a Class A misdemeanor. However, the
offense is a Class D felony if the violation of the rule proximately
causes bodily injury or death. As added by P.L.35-2004, SEC.3.
