Utah criminal charge
Unlawful conduct involving an explosive, chemical, or incendiary device in Utah
Unlawful conduct involving an explosive, chemical, or incendiary device is a criminal offense under Utah law, defined by Utah Code Ann. § 76-15-210. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-15-210.
What is the penalty for unlawful conduct involving an explosive, chemical, or incendiary device in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 15 years (Possession, removal, or unauthorized carrying away of device — Applies when the actor intentionally, knowingly, or recklessly possesses or controls, or removes/carries away an explosive, chemical, or incendiary device without consent, as described in Subsection (2)(a).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Possession, removal, or unauthorized carrying away of device — Applies when the actor intentionally, knowingly, or recklessly possesses or controls, or removes/carries away an explosive, chemical, or incendiary device without consent, as described in Subsection (2)(a).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Use in commission of felony, injury, or possession in secure area — Applies when the actor intentionally or knowingly uses the device in committing/attempting a felony, injures or attempts to injure a person or property with it, or transports/possesses/distributes/sells it in a secure area, as described in Subsection (2)(b).; indeterminate prison term of not less than five years and which may be for life, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Use in commission of felony, injury, or possession in secure area — Applies when the actor intentionally or knowingly uses the device in committing/attempting a felony, injures or attempts to injure a person or property with it, or transports/possesses/distributes/sells it in a secure area, as described in Subsection (2)(b).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is unlawful conduct involving an explosive, chemical, or incendiary device classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession, removal, or unauthorized carrying away of device | Second Degree Felony | Applies when the actor intentionally, knowingly, or recklessly possesses or controls, or removes/carries away an explosive, chemical, or incendiary device without consent, as described in Subsection (2)(a). | Utah Code Ann. § 76-15-210(3)(a) |
| Use in commission of felony, injury, or possession in secure area | First Degree Felony | Applies when the actor intentionally or knowingly uses the device in committing/attempting a felony, injures or attempts to injure a person or property with it, or transports/possesses/distributes/sells it in a secure area, as described in Subsection (2)(b). | Utah Code Ann. § 76-15-210(3)(b) |
Common questions about unlawful conduct involving an explosive, chemical, or incendiary device in Utah
Is unlawful conduct involving an explosive, chemical, or incendiary device a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawful conduct involving an explosive, chemical, or incendiary device ranges from a Second Degree Felony to a First Degree Felony in Utah under Utah Code Ann. § 76-15-210.
Possession, removal, or unauthorized carrying away of device: Second Degree Felony (Utah Code Ann. § 76-15-210(3)(a)) · Use in commission of felony, injury, or possession in secure area: First Degree Felony (Utah Code Ann. § 76-15-210(3)(b))
What are the penalties for unlawful conduct involving an explosive, chemical, or incendiary device in Utah?
Penalties for unlawful conduct involving an explosive, chemical, or incendiary device in Utah depend on how it is classified — from a Second Degree Felony up to a First Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers unlawful conduct involving an explosive, chemical, or incendiary device?
Unlawful conduct involving an explosive, chemical, or incendiary device is governed by Utah Code Ann. § 76-15-210 (Unlawful conduct involving an explosive, chemical, or incendiary device).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.