by Attorney Eric D. PuryearThe crime of Explosive or Incendiary Materials or Devices in Iowa is defined by Iowa Code Section 712.6 as follows:
1. A person who possesses any incendiary or explosive device or material with the intent to use such device or material to commit a public offense shall be guilty of a class “C” felony.
2.
a. A person who possesses any incendiary or explosive device or material shall be guilty of an aggravated misdemeanor.b. This subsection does not apply to a person holding a valid commercial license or user’s permit issued pursuant to chapter 101A, provided that the person is acting within the scope of authority granted by the license or permit.
3. A person who, with the intent to intimidate, annoy, or alarm another person, places a simulated explosive or simulated incendiary device in or near an occupied structure as defined in section 702.12, is guilty of a serious misdemeanor.
Explosive or Incendiary Materials charges in Iowa can apply whether the item in question is a real explosive or incendiary device or a fake one. Merely possessing a real device or material with the intent to commit any crime with it is a Class C felony under Iowa law.
The Class C felony version of Explosive or Incendiary Materials or Devices under Iowa law carries a 10 year prison sentence. The Aggravated Misdemeanor version can result in a 2 year prison sentence, while the Serious Misdemeanor version carries a maximum penalty of 1 year in the county jail.
Any person who is accused of Explosive or Incendiary Materials offenses in Iowa is wise to remain silent and retain an attorney at once.