2011 Kansas Code
Chapter 21. - CRIMES AND PUNISHMENTS
Article 37. - CRIMES AGAINST PROPERTY
21-3731 Criminal use of explosives.

21-3731. Criminal use of explosives. (a) Criminal use of explosives is the:

(1) Possession, manufacture or transportation of commercial explosives; chemical compounds that form explosives; a combination of chemicals, compounds or materials, including, but not limited to, the presence of an acid, a base, dry ice or aluminum foil, that are placed in a container for the purpose of generating a gas or gases to cause a mechanical failure, rupture or bursting of the container; incendiary or explosive material, liquid or solid; detonators; blasting caps; military explosive fuse assemblies; squibs; electric match or functional improvised fuse assemblies; or any completed explosive devices commonly known as pipe bombs or molotov cocktails. For purposes of this section, explosives shall not include legally obtained and transferred commercial explosives by licensed individuals and ammunition and commercially available loading powders and products used as ammunition, and consumer fireworks, as defined in 27 C.F.R. 555.11, in effect on the effective date of the act, unless such consumer fireworks are modified or assembled as a device that deflagrates or explodes when used for a purpose not intended by the manufacturer; or

(2) possession, creation or construction of a simulated explosive, destructive device, incendiary, radiological, biological or poison gas, bomb, rocket, missile, mine, grenade, dispersal device or similar simulated device, with intent to intimidate or cause alarm to another person.

(b) (1) Criminal use of explosives as defined in subsection (a)(1) is a severity level 6, person felony.

(2) Criminal use of explosives as defined in subsection (a)(1) if: (A) The possession, manufacture or transportation is intended to be used to commit a crime or is delivered to another with knowledge that such other intends to use such substance to commit a crime; (B) a public safety officer is placed at risk to defuse such explosive; or (C) the explosive is introduced into a building in which there is another human being, is a severity level 5, person felony.

(3) Criminal use of explosives as defined in subsection (a)(2) is a severity level 8, person felony.

(c) The provisions of subsection (a)(1) shall not prohibit law enforcement officials, the United States military, public safety officials, accredited educational institutions or licensed or registered businesses, and associated personnel, from engaging in legitimate public safety training, demonstrations or exhibitions requiring the authorized construction or use of such simulated devices or materials.