What is “Possession of Explosive or Incendiary Materials or Devices,” Exactly?
Our criminal defense attorneys look forward to explaining all your rights and options at this time. In the meantime, here is the answer to the above question based on the actual language from the statute governing Possession of Explosive or Incendiary Materials or Devices; this was current as of July 2010. Our law firm is primarily in the business of fighting for defendants’ rights; we are not in the business of updating websites, but wanted to at least give you some information for educational purposes, only. You should talk to a lawyer for legal advice to fully learn your rights in Allegheny, Beaver, Butler, Washington, and Westmoreland Counties.
(f) POSSESSION OF EXPLOSIVE OR INCENDIARY MATERIALS OR DEVICES. –A person commits a felony of the third degree if he possesses, manufactures or transports any incendiary or explosive material with the intent to use or to provide such device or material to commit any offense described in subsection (a), (c) or (d).
At first reading, you may think that Section (f) allows you to be convicted for simply transporting any incendiary or explosive device, which his simply not true. The prosecution must also show that you also harbored an intent to use the material or device at the time you were transporting it. Simply moving dangerous substances from one place to another is not the crime that is being addressed here.