Virginia criminal charge
Manufacture, possession, use, etc., of fire bombs or explosive materials or devices in Virginia
Manufacture, possession, use, etc., of fire bombs or explosive materials or devices is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-85. Its classification is not fixed: Virginia 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 Va. Code Ann. § 18.2-85.
What is the penalty for manufacture, possession, use, etc., of fire bombs or explosive materials or devices in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 10 years (Possession, manufacture, transport, distribution, or use of fire bombs or explosive materials or devices — Applies to a person who possesses materials to make fire bombs or explosive materials/devices with intent to manufacture them, or who manufactures, transports, distributes, possesses, or uses a fire bomb or explosive materials or devices.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Possession, manufacture, transport, distribution, or use of fire bombs or explosive materials or devices — Applies to a person who possesses materials to make fire bombs or explosive materials/devices with intent to manufacture them, or who manufactures, transports, distributes, possesses, or uses a fire bomb or explosive materials or devices.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Hoax explosive device — Applies to a person who constructs, uses, places, sends, or causes to be sent any hoax explosive device so as to intentionally cause another person to believe that such device is a bomb or explosive.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Hoax explosive device — Applies to a person who constructs, uses, places, sends, or causes to be sent any hoax explosive device so as to intentionally cause another person to believe that such device is a bomb or explosive.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is manufacture, possession, use, etc., of fire bombs or explosive materials or devices classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession, manufacture, transport, distribution, or use of fire bombs or explosive materials or devices | class 5 felony | Applies to a person who possesses materials to make fire bombs or explosive materials/devices with intent to manufacture them, or who manufactures, transports, distributes, possesses, or uses a fire bomb or explosive materials or devices. | Va. Code Ann. § 18.2-85undefined |
| Hoax explosive device | class 6 felony | Applies to a person who constructs, uses, places, sends, or causes to be sent any hoax explosive device so as to intentionally cause another person to believe that such device is a bomb or explosive. | Va. Code Ann. § 18.2-85undefined |
Common questions about manufacture, possession, use, etc., of fire bombs or explosive materials or devices in Virginia
Is manufacture, possession, use, etc., of fire bombs or explosive materials or devices a felony or a misdemeanor in Virginia?
It depends on the circumstances: manufacture, possession, use, etc., of fire bombs or explosive materials or devices ranges from a class 6 felony to a class 5 felony in Virginia under Va. Code Ann. § 18.2-85.
Possession, manufacture, transport, distribution, or use of fire bombs or explosive materials or devices: class 5 felony (Va. Code Ann. § 18.2-85) · Hoax explosive device: class 6 felony (Va. Code Ann. § 18.2-85)
What are the penalties for manufacture, possession, use, etc., of fire bombs or explosive materials or devices in Virginia?
Penalties for manufacture, possession, use, etc., of fire bombs or explosive materials or devices in Virginia depend on how it is classified — from a class 6 felony up to a class 5 felony — with the ranges set by Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers manufacture, possession, use, etc., of fire bombs or explosive materials or devices?
Manufacture, possession, use, etc., of fire bombs or explosive materials or devices is governed by Va. Code Ann. § 18.2-85 (Manufacture, possession, use, etc., of fire bombs or explosive materials or devices; penalties).
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.