Dangerous use of explosives consists of maliciously exploding, attempting to
explode or placing any explosive with the intent to injure, intimidate or terrify another, or
to damage another's property.
Whoever commits dangerous use of explosives is guilty of a third degree felony.
History: 1953 Comp., § 40A-7-4, enacted by Laws 1963, ch. 303, § 7-4.
ANNOTATIONS
Lesser included offense. — Under the facts of this case, the aggravated burglary
offense could not be committed without also committing the crime of dangerous use of
explosives; the explosives offense does not have an element not included in the
burglary offense. The explosives offense was an offense included within the aggravated
burglary offense. State v. Jacobs, 1985-NMCA-054, 102 N.M. 801, 701 P.2d 400.
Merger with crime of arson. — The crime of dangerous use of explosives merges into
a conviction for arson. State v. Rodriguez, 1992-NMCA-035, 113 N.M. 767, 833 P.2d
244, cert. denied, 113 N.M. 636, 830 P.2d 553.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Explosions and
Explosives §§ 221 to 225.
35 C.J.S. Explosives §§ 12, 13.
Notes of Decisions
Cited in
7
cases, 1985–2005 · leading case:
State v. Meadors, 908 P.2d 731 (N.M. 1995).
State v. Meadors, 908 P.2d 731 (N.M. 1995).
· cites it 4× “" NMSA 1978, § 30-7-5 (Repl.Pamp.1994) (emphasis added).”
State v. Perez, 2002-NMCA-040, 44 P.3d 530.
· cites it 3× “30-4-1 NMSA 1978; (d) aggravated battery, as provided in Subsection C of Section 30-3-5 NMSA 1978; (e) aggravated battery upon a peace officer, as provided in Subsection C of Section 30-22-25 NMSA 1978; (f) shooting at a dwelling or occupied building or shooting at or from a…”
State v. Jacobs, 701 P.2d 400 (N.M. Ct. App. 1985).
· cites it 2× “” NMSA 1978, § 30-7-5. The merger of offenses aspect of double jeopardy requires that one offense necessarily involves the other offense.”
State v. Rodriguez, 833 P.2d 244 (N.M. Ct. App. 1992).
· cites it 2× “] NMSA 1978, § 30-7-5 (Repl.Pamp.1984). Aggravated Assault Aggravated assault consists of either: A.”
State v. Doe, 704 P.2d 1109 (N.M. Ct. App. 1985).
· cites it 3× “delinquent act, and the alleged delinquent act is murder under Section 30-2-1 NMSA 1978, or when the child was sixteen years of age or more and the alleged act is assault with intent to commit a violent felony under Section 30-3-3 NMSA 1978, or kidnapping under Section 30-4-1…”
State v. Doe, 704 P.2d 1109 (N.M. Ct. App. 1985).
· cites it 3× “delinquent act, and the alleged delinquent act is murder under Section 30-2-1 NMSA 1978, or when the child was sixteen years of age or more and the alleged act is assault with intent to commit a violent felony under Section 30-3-3 NMSA 1978, or kidnapping under Section 30-4-1…”
State v. Indie C., 2006-NMCA-014, 128 P.3d 508.
· cites it 3× “ated battery against a household member, as provided in Subsection C of Section 30-3-16 NMSA 1978; (f) aggravated battery upon a peace officer, as provided in Subsection C of Section 30-22-25 NMSA 1978; (g) shooting at a dwelling or occupied building or shooting at or from a…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.