The following definitions are applicable to this article:
(1) BUILDING. As used in this article, such term means any structure which may be entered and utilized by persons for business, public use, lodging or the storage of goods, and includes any vehicle, railway car, aircraft or watercraft used for the lodging of persons or for carrying on business therein. Where a building consists of two or more units separately secured or occupied, each unit shall not be deemed a separate building.
(2) EXPLOSIVES. Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by detonator or by chemical action of any part of the compound or mixture may cause a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
(3) EXPLOSION. A rapid, sudden and violent expansion of air or relinquishment of energy with resultant pressures that are capable of producing destructive effects on contiguous objects or of destroying life or limb. “Explosion” includes, but is not limited to, a sudden and rapid combustion, causing violent expansion of the air, or the sudden bursting or breaking up or in pieces from an internal or other force. “Explosion” is not limited to cases caused by combustion or fire, but it may result from decomposition or chemical action.
(Acts 1977, No. 607, p. 812, §2801.)
Notes of Decisions
Cited in
3
cases, 2002–2013 · leading case:
Sanders v. State, 145 So. 3d 92 (Ala. 2013).
Sanders v. State, 145 So. 3d 92 (Ala. 2013).
· cites it 2× ““3We note that the legislature has provided substantially the same definition of ‘building’ in two other criminal statutory provisions: § 13A-3-20(l), Ala.”
Patterson v. State, 845 So. 2d 861 (Ala. Crim. App. 2002).
· cites it 3× “” This Court held that “[t]he plastic container filled with gasoline and provided with a paper towel wick was an ‘explosive’ within the meaning of [§ 13A-7-40(2), Ala. Code 1975].” Id. Patterson argues that the blasting caps are analogous to the paper towel wick in Farris , not…”
Sanders v. State, 145 So. 3d 88 (Ala. Crim. App. 2012).
· cites it 2× “Code 1975 (applicable to justification and excuse), and § 13A-7-40(l), Ala.Code 1975 (applicable to arson offenses).”
— Ala. Code § 13A-7-40(2) — 1 case
Patterson v. State, 845 So. 2d 861 (Ala. Crim. App. 2002).
“” This Court held that “[t]he plastic container filled with gasoline and provided with a paper towel wick was an ‘explosive’ within the meaning of [§ 13A-7-40(2), Ala. Code 1975].” Id. Patterson argues that the blasting caps are analogous to the paper towel wick in Farris , not…”
— Ala. Code § 13A-7-40(l) — 2 cases
Sanders v. State, 145 So. 3d 92 (Ala. 2013).
““3We note that the legislature has provided substantially the same definition of ‘building’ in two other criminal statutory provisions: § 13A-3-20(l), Ala.”
Sanders v. State, 145 So. 3d 88 (Ala. Crim. App. 2012).
“Code 1975 (applicable to justification and excuse), and § 13A-7-40(l), Ala.Code 1975 (applicable to arson offenses).”
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