PC §203 - HIGHLY DANGEROUS DEVICES
CLASS C FELONY
(a) Definition
Possession or use of a highly dangerous device is defined as the unlawful possession, manufacture, distribution, or use of any device, substance, or instrumentality that is inherently dangerous and poses a significant risk of harm to human life, health, or safety, without legal authorization or justification.
Examples of Highly Dangerous Devices:
Explosive devices such as bombs, grenades, or improvised explosive devices (IEDs).
Chemical weapons or substances capable of causing mass casualties or widespread harm.
Biological agents or toxins capable of causing illness, disease, or death.
Radioactive materials or devices emitting harmful radiation.
(b) Elements of the Offense
o prove possession or use of a highly dangerous device, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant possessed, manufactured, distributed, or used a device, substance, or instrumentality.
The device, substance, or instrumentality is inherently dangerous and poses a significant risk of harm to human life, health, or safety.
The possession, manufacture, distribution, or use was without legal authorization or justification.
(c) Defenses
Defenses to a charge of possession or use of a highly dangerous device may include, but are not limited to:
Lawful authorization: The defendant possessed, manufactured, distributed, or used the device with legal authorization, such as for scientific research, industrial purposes, or military use.
Lack of knowledge: The defendant did not know or have reason to know that the device, substance, or instrumentality was inherently dangerous.
Mistaken identity: The defendant was not the person who possessed, manufactured, distributed, or used the highly dangerous device.
Necessity: The possession, manufacture, distribution, or use of the device was necessary to prevent imminent harm to oneself or others.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
480 SECONDS OF JAIL TIME.
BOND SET
$400,000.00
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