A. Possession of an explosive device or incendiary device consists of knowingly possessing, manufacturing or transporting any explosive device or incendiary device or complete combination of parts thereof necessary to make an explosive device or incendiary device. This subsection shall not apply to any fireworks as defined in Section 60-2C-2 NMSA 1978 or any lawfully acquired household, commercial, industrial or sporting device or compound included in the definition of explosive device or incendiary device in Section 30-7-18 NMSA 1978 that has legitimate and lawful commercial, industrial or sporting purposes or that is lawfully possessed under Section 30-7-7 NMSA 1978.
B. Any person who commits possession of an explosive device or incendiary device is guilty of a fourth degree felony.
History: Laws 1990, ch. 74, § 3.
Dry ice bomb was not an explosive or an explosive device. — Where defendant had two bottles of dry ice and two gallon jugs of water; defendant admitted that defendant was going to a desert area to detonate a dry ice bomb; and dry ice bombs result from the expansion of gases, rather than by fire or burning, a dry ice bomb is neither an "explosive" nor an "explosive device" and is not prohibited by Section 30-7-19.1 NMSA 1978. State v. Alverson, 2013-NMCA-091, cert. granted, 2013-NMCERT-008.
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