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§ 4-501. Definitions

West's Annotated Code of MarylandCriminal Law

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 4. Weapon Crimes
Subtitle 5. Destructive Devices
MD Code, Criminal Law, § 4-501
Formerly cited as MD CODE Art. 27, § 139A
§ 4-501. Definitions
In general
(a) In this subtitle the following words have the meanings indicated.
Destructive device
(b)(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.
Explosive material
(c)(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.
Incendiary material
(d)(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.
Toxic material
(e)(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.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2005, c. 201, § 1, eff. Oct. 1, 2005.
Formerly Art. 27, § 139A.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 26):
This subsection [(a)] is new language derived without substantive change from former Art. 27, § 139A(a).
This subsection [(b)] is new language derived without substantive change from former Art. 27, § 139A(c).
In paragraph (1) of this subsection, the word “is” is substituted for the former phrase “has been” for consistency in tense.
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”.
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.
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
“Incendiary material” § 4-501
“Person” § 1-101
“Toxic material” § 4-501
This subsection [(c)] is new language derived without substantive change from former Art. 27, § 139A(d).
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.
This subsection [(d)] formerly was Art. 27, § 139A(e).
No changes are made.
This subsection [(e)] is new language derived without substantive change from former Art. 27, § 139A(f).
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”.
REVISOR'S NOTE TO SECTION: Former Art. 27, § 139A(b), which defined “child” to be a person under the age of 18 years, is deleted because the term is not used in the revision. Instead, the revision uses the article-wide term “minor” defined in § 1-101 of this article.
HISTORICAL AND STATUTORY NOTES
2003 Legislation
Acts 2003, c. 17, § 1, in subsecs. (c)(2)(i) and (c)(3), substituted “§ 11-101 of the Public Safety Article” for “Article 38A, § 26 of the Code”.
Acts 2003, c. 21, § 1, made technical corrections to the Code.
2005 Legislation
Acts 2005, c. 201, § 1, repealed and reenacted subsec. (e) without amendment.
Derivation:
Former Art. 27, § 139A, related to definitions, repealed by Acts 2002, c. 26, § 1.
MD Code, Criminal Law, § 4-501, MD CRIM LAW § 4-501
Current through all legislation from the 2018 Regular Session of the General Assembly
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