2.203 — HIGHLY DANGEROUS DEVICES

Violations of "Statute 2.203" results in a Class C Felony


(a) Definitions

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:

  • 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

To prove possession or use of a highly dangerous device, the prosecution must establish the following elements beyond a reasonable doubt:

  1. The defendant possessed, manufactured, distributed, or used a device, substance, or instrumentality.

  2. The device, substance, or instrumentality is inherently dangerous and poses a significant risk of harm to human life, health, or safety.

  3. 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.

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