The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 037: Explosives

• § 1601. Willful and malicious injuries caused by explosives

  A person who willfully and maliciously, by the explosion of gunpowder or any other explosive substance, unlawfully destroys or injures a dwelling house, office, shop, or other building, or a ship, vessel, or a dam or reservoir for storing water, shall be imprisoned not more than 20 years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)

• § 1602. Attempts

  A person who willfully and maliciously throws into, against, or upon, or puts, places, or explodes, or causes to be exploded, in, upon, or near a dwelling house, office, shop, building, ship, vessel, or any dam or reservoir for storing water, gunpowder or other explosive substance, or a bombshell, torpedo, or other instrument filled or loaded with an explosive substance, with intent unlawfully to destroy or injure such dwelling house, office, shop, building, ship, vessel, or any dam or reservoir for storing water, or any person or property therein, shall be imprisoned not more than 10 years or fined not more than $500.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)

• § 1603. Definitions

  For the purposes of this chapter:

  (1) “Destructive device” means any:

  (A) explosive, incendiary, or poison gas bomb; or

  (B) explosive, incendiary, or poison gas grenade; or

  (C) explosive, incendiary, or poison gas rocket having a propellant charge of more than four ounces; or

  (D) explosive, incendiary, or poison gas missile having an explosive or incendiary charge of more than one-quarter ounce; or

  (E) explosive, incendiary, or poison gas mine; or

  (F) device that consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material that, when ignited, is capable of igniting the flammable liquid or compound, and can be carried or thrown by one individual acting alone; or

  (G) device similar to those devices enumerated in subdivisions (1) and (1)(A)-(E) of this section.

  A destructive device does not include a firearm or ammunition therefor.

  (2) “Explosive” means dynamite, or any explosive compound of which nitroglycerin forms a part, or fulminate in bulk or dry condition, or blasting caps, or detonating fuses, or blasting powder, or any other similar explosive. The term does not include a firearm or ammunition therefor or any components of ammunition for a firearm including primers, smokeless powder, or black gunpowder.

  (3) “Hoax device” means any device so designed, assembled, fabricated, or manufactured as to convey the physical appearance of an explosive or incendiary bomb or the physical appearance of any of the devices enumerated in subdivisions (1)(A)-(F) of this section that is lacking an explosive or incendiary charge. (Added 1971, No. 107, § 1, eff. 30 days from April 22, 1971; amended 1975, No. 222 (Adj. Sess.), § 3, eff. 30 days from April 7, 1976.)

• § 1604. Possession of destructive devices

  A person who manufactures, possesses, stores, or transports a destructive device or a hoax device shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both. (Added 1971, No. 107, § 2, eff. 30 days from April 22, 1971; amended 1975, No. 222 (Adj. Sess.), § 2, eff. 30 days from April 7, 1976.)

• § 1605. Injuries caused by destructive devices

  A person who purposely and maliciously uses a destructive device to injure a person or to damage or destroy the property of another shall be imprisoned for not more than 20 years or fined not more than $10,000.00, or both. (Added 1971, No. 107, § 3, eff. 30 days from April 22, 1971.)

• § 1606. Possession and use of explosives

  A person who possesses, purchases, stores, uses, or transports an explosive without a license as provided in 20 V.S.A. chapter 177, subchapter 2, division 2 shall be imprisoned for not more than five years or fined not more than $1,000.00, or both. (Added 1971, No. 107, § 4, eff. 30 days from April 22, 1971.)

• § 1607. Sale of explosives

  A person who gives, transfers, or sells an explosive to another who does not hold a license issued under 20 V.S.A. chapter 177, subchapter 2, division 2 shall be imprisoned for not more than five years or fined not more than $1,000.00, or both. (Added 1971, No. 107, § 5, eff. 30 days from April 22, 1971.)

• § 1608. Injuries caused by explosives

  A person who purposely and maliciously uses an explosive to injure a person or to damage or destroy the property of another shall be imprisoned for not more than 20 years or fined not more than $10,000.00, or both. (Added 1971, No. 107, § 6, eff. 30 days from April 22, 1971.)

• § 1609. Record of sale

  (a) A person may not give, transfer, or sell an explosive to another unless the purchaser exhibits a valid license issued under 20 V.S.A. chapter 177, subchapter 2, division 2.

  (b) A person who gives, transfers, or sells an explosive to another shall record the name and address of the purchaser, the license number of the purchaser, the date of sale, the type and quantity of explosives sold, the serial or lot number of the explosives, if any, and the purpose for which the explosive is to be used on forms provided by the Commissioner of Public Safety. The purchaser holding a license shall keep a record of each purchase made and the disposition of the explosives, giving a full report without delay but in no event later than 24 hours after discovery of the loss or theft of any of such explosives to the Commissioner of Public Safety. The records shall be kept by the seller and the purchaser for a period of two years and shall be open to inspection by any law enforcement officer.

  (c) A person who violates a provision of this section shall be imprisoned for not more than five years or fined not more than $1,000.00, or both. (Added 1971, No. 107, § 7, eff. 30 days from April 22, 1971.)

• § 1610. Purchase in contiguous states

  Any person holding a valid license under 20 V.S.A. chapter 177, subchapter 2, division 2 may purchase explosives in any state contiguous to this State and transport them into this State, provided that he or she furnishes a record of each purchase to the Commissioner of Public Safety within 15 days of the transportation of the explosives into this State, and that he or she comply with both the laws applicable to the purchases in the contiguous state, and the pertinent statutes of the U.S. government. (Added 1971, No. 107, § 8, eff. 30 days from April 22, 1971.)

• § 1611. Exemptions

  (a) Nothing contained in this chapter shall apply to the U.S. Armed Forces, the duly authorized militia of the State, the fire or police departments of this State, or to the State or any subdivision thereof.

  (b) Nothing contained in this chapter shall apply to destructive devices or explosives while being transported upon vessels, motor vehicles, or railroad cars in conformity with the regulations adopted by the Interstate Commerce Commission.

  (c) The provisions of section 1604 of this title do not apply to a person who holds a valid license issued under Title 18 of the United States Code, chapter 44, to manufacture, possess, use, store, or transport a destructive device provided he or she is complying with the terms of the license. (Added 1971, No. 107, § 9, eff. 30 days from April 22, 1971.)

• § 1612. Placing a hoax device

  A person who willfully and maliciously puts, places, or installs a hoax device in any building, house, facility of public transport, vehicular conveyance, ship, boat, aircraft, dam or reservoir for storing water shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both. (Added 1975, No. 222 (Adj. Sess.), § 4, eff. 30 days from April 7, 1976.)