Unlawful use of a Destructive Device or Bomb

Miami, Fort Lauderdale, Broward County, and Miami Dade County are heavily populated urban, suburban, and rural areas. Thus, the use of bombs and explosive devices must be controlled. However, many citizens in the greater Miami and Fort Lauderdale areas are simply fascinated by explosions and flashes of light and fire. To prove the criminal offense of Unlawful Use of a Destructive Device or Bomb, the State Attorney must prove beyond a reasonable doubt that the criminal suspect willfully and unlawfully made, possessed, threw, placed, projected, discharged, or attempted to make, possess, throw, place, project, or discharge a destructive device. A “destructive device” is defined as any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage, any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled, any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms, any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter, and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. “Destructive device” does not include a device which is not designed, redesigned, used, or intended for use as a weapon, any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety, or similar device, any shotgun other than a short-barreled shotgun, or any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game. “Explosive” means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators, but not including shotgun shells, cartridges, or ammunition for firearms, fireworks, smokeless propellant powder or small arms ammunition primers, if possessed, purchased, sold, transported, or used in compliance with Florida Statutes, or black powder in quantities not to exceed that authorized by chapter 552, or by any rules adopted thereunder by the Department of Financial Services, when used for, or intended to be used for, the manufacture of target and sporting ammunition or for use in muzzle-loading flint or percussion weapons. The Unlawful Use of a Destructive Device or Bomb is usually committed with the intent to do or results in bodily harm to or death of another, property damage, disruption of governmental operations, disruption of commerce, or disruption of the private affairs of the victim. If you have been arrested or criminally charged with Unlawful Use of a Destructive Device or Bomb, it would be advantageous to call a criminal defense attorney to discuss your rights as the defendant in a criminal law case. Criminal Defense Attorney Kenneth P. Hassett of Hassett and Associates, P.A. is an experienced criminal defense lawyer who has been practicing since 1991 in Miami Dade County, Fort Lauderdale, and Broward County. Criminal defense lawyers can represent you against the criminal charges the State Attorney has filed. Kenneth P. Hassett is a criminal lawyer who will represent you diligently to battle the criminal charges facing you. Contact Hassett and Associates, P.A. 24 hours per day seven days per week for an immediate free consultation with a Miami or Fort Lauderdale criminal defense attorney.

806.111 Fire bombs.

(1) Any person who possesses, manufactures, transports, or disposes of a fire bomb with intent that such fire bomb be willfully and unlawfully used to damage by fire or explosion any structure or property is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) For the purposes of this section:
(a) “Disposes of” means to give, give away, loan, offer, offer for sale, sell, or transfer.
(b) “Fire bomb” means a container containing flammable or combustible liquid, or any incendiary chemical mixture or compound having a wick or similar device capable of being ignited or other means capable of causing ignition; but no device commercially manufactured primarily for the purpose of illumination, heating, or cooking shall be deemed to be such a fire bomb.
(3) Subsection (1) shall not prohibit the authorized use or possession of any material, substance, or device described therein by a member of the Armed Forces of the United States or by firefighters, police officers, peace officers, or law enforcement officers so authorized by duly constituted authorities.

790.1615 Unlawful throwing, projecting, placing, or discharging of destructive device or bomb that results in injury to another; penalty.

(1) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb that results in any bodily harm to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb that results in great bodily harm, permanent disability, or permanent disfigurement to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Upon conviction and adjudication of guilt, a person may be sentenced separately, pursuant to s. 775.021(4), for any violation of this section and for any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb committed during the same criminal episode. A conviction for any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb, however, is not necessary for a conviction under this section.

Disclaimer
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.

If you have been charged with Unlawful Use of a Destructive Device or Bomb or a related charge in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.