1. A person who possesses any explosive material or destructive device 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 explosive material or destructive device 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 destructive device in a place that the person reasonably believes is likely to cause public alarm or inconvenience, is guilty of a serious misdemeanor.
4. A person who uses any explosive material or destructive device to commit any public offense or who possesses any explosive material or destructive device during the commission of a felony shall be guilty of a class “C” felony. [C71, 73, 75, 77, §697.11; C79, 81, §712.6] 2004 Acts, ch 1125, §16; 2008 Acts, ch 1147, §4; 2023 Acts, ch 12, §4, 8 Referred to in §712.9 \n
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 1983–2021 · leading case:
State v. Durgin, 328 N.W.2d 507 (Iowa 1983).
State v. Durgin, 328 N.W.2d 507 (Iowa 1983).
· cites it 14× “, appeals his conviction of possession of an explosive device under Iowa Code section 712.6 (1981). That statute provides: Any person who shall possess any incendiary or explosive device or material with the intent to use such device or material to commit any public offense…”
State of Iowa v. Timothy Dale Brownlee (Iowa Ct. App. 2018).
· cites it 4× “See Iowa Code § 712.6 (1). On appeal, Brownlee claims “the only evidence that the jury could have found [he] possessed an incendiary or explosive device was provided by the testimony of an accomplice—Tanisha.”
Timothy Dale Brownlee v. State of Iowa (Iowa Ct. App. 2021).
· cites it 2× “2; and possession of explosive or incendiary device with intent to use to commit a public offense, in violation of section 712.6(1). The trial information did not contain a list of witnesses but had attached the minutes of evidence containing the names of witnesses and a summary…”
State of Iowa v. Anthony Brian Nicholson (Iowa Ct. App. 2021).
· cites it 2× “observed Nicholson setting a fire at the residence a day earlier, on 5Nicholson was also charged with possession of an incendiary or explosive device with intent, in violation of section 712.6(1). The district court granted the defendant’s motion for directed verdict on this…”
— Iowa Code § 712.6(1) — 3 cases
State of Iowa v. Timothy Dale Brownlee (Iowa Ct. App. 2018).
“See Iowa Code § 712.6 (1). On appeal, Brownlee claims “the only evidence that the jury could have found [he] possessed an incendiary or explosive device was provided by the testimony of an accomplice—Tanisha.”
Timothy Dale Brownlee v. State of Iowa (Iowa Ct. App. 2021).
“2; and possession of explosive or incendiary device with intent to use to commit a public offense, in violation of section 712.6(1). The trial information did not contain a list of witnesses but had attached the minutes of evidence containing the names of witnesses and a summary…”
State of Iowa v. Anthony Brian Nicholson (Iowa Ct. App. 2021).
“observed Nicholson setting a fire at the residence a day earlier, on 5Nicholson was also charged with possession of an incendiary or explosive device with intent, in violation of section 712.6(1). The district court granted the defendant’s motion for directed verdict on this…”
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