2012 Delaware Code
Title 11 - Crimes and Criminal Procedure
CHAPTER 5. SPECIFIC OFFENSES
Subchapter VII. Offenses Against Public Health, Order and Decency
§ 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony.

(a) For purposes of this section the following definitions shall be made applicable:

(1) "Incendiary device" means any item designed to ignite by hand, chemical reaction or by spontaneous combustion and is not designed for any lawful purpose or use whatsoever, or any lawful purpose or use has been or is terminated.

(2) "Molotov cocktail" means a makeshift incendiary bomb made of a breakable container filled with flammable liquid and provided with a wick composed of any substance capable of bringing flame into contact with the liquid.

(b) Whoever manufactures, transfers, uses, possesses or transports any bomb, incendiary device, Molotov cocktail or device designed to explode or produce uncontained combustion with intent to cause bodily harm or damage to any property or thing shall be guilty of a class D felony.

(c) Any other provision of this Criminal Code notwithstanding, any person over 16 years old who violates this section shall be prosecuted as an adult.

(d) In any prosecution under this section, it is prima facie evidence of intent to cause bodily harm or damage to any property or thing if the accused had possession of the device prescribed by this section.

11 Del. C. 1953, § 1338; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8.;