2016 Maryland Code
Criminal Law
Title 4 - Weapon Crimes
Subtitle 5 - Destructive Devices
§ 4-501. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

** REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 139A(a).

(b) Destructive device. --

(1) "Destructive device" means explosive material, incendiary material, or toxic material that is:

(i) combined with a delivery or detonating apparatus so as to be capable of inflicting injury to persons or damage to property; or

(ii) deliberately modified, containerized, or otherwise equipped with a special delivery, activation, or detonation component that gives the material destructive characteristics of a military ordnance.

(2) "Destructive device" includes a bomb, grenade, mine, shell, missile, flamethrower, poison gas, Molotov cocktail, pipe bomb, and petroleum-soaked ammonium nitrate.

** REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 139A(c).

** REVISOR'S NOTE

In paragraph (1) of this subsection, the word "is" is substituted for the former phrase "has been" for consistency in tense.

** REVISOR'S NOTE

In paragraph (1)(i) of this subsection, the former reference to "[d]evices which are primarily designed and manufactured for military purposes as instrumentalities of destruction" is deleted as included in the reference to a material that is combined with apparatus "so as to be capable of inflicting injury to persons or damage to property".

** REVISOR'S NOTE

In paragraph (1)(ii) of this subsection, the phrase "that gives the material" is substituted for the former phrase "so as to give it the" for clarity.

** REVISOR'S NOTE

In paragraph (2) of this subsection, the conjunction "and" is substituted for the former conjunction "or" as the standard conjunction used in an inclusive definition.

** DEFINED TERMS:

"Explosive material" § 4-501

** DEFINED TERMS:

"Incendiary material" § 4-501

** DEFINED TERMS:

"Person" § 1-101

** DEFINED TERMS:

"Toxic material" § 4-501

**

(c) Explosive material. -- **

(1) "Explosive material" means material that explodes when detonated and has a destructive capability. **

(2) "Explosive material" includes: **

(i) explosives as defined in § 11-101 of the Public Safety Article; and **

(ii) dynamite for construction work, ammonium nitrate, natural gas in pipelines or storage tanks, ether, and cannisterized oxygen for health care facilities. **

(3) "Explosive material" does not include items excluded from explosives in § 11-101 of the Public Safety Article when the items are used in their original configuration.

REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 139A(d).

REVISOR'S NOTE

In paragraph (2)(ii) of this subsection, the conjunction "or" is substituted for the former conjunction "and" to clarify that the reference to "natural gas" applies either to gas in pipelines or to gas in storage tanks. **

(d) Incendiary material. -- **

(1) "Incendiary material" means a flammable or combustible liquid. **

(2) "Incendiary material" includes gasoline, acetone, benzene, butane, jet fuel, fuel oil, kerosene, and diesel fuel.

REVISOR'S NOTE

This subsection formerly was Art. 27, § 139A(e).

REVISOR'S NOTE

No changes are made. **

(e) Toxic material. -- **

(1) "Toxic material" means material that is capable of causing death or serious bodily injury almost immediately on being absorbed through the skin, inhaled, or ingested. **

(2) "Toxic material" includes: **

(i) nerve gas, mustard gas, cyanide gas, chlorine gas, sulphuric acid, or their precursors; and **

(ii) a biological substance containing a disease organism or microorganism.

REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 139A(f).

REVISOR'S NOTE

In paragraph (2) of this subsection, the former phrase "but is not limited to" is deleted in light of Art. 1, § 30, which provides that the term "includes" is used "by way of illustration and not by way of limitation".