For the purpose of this section:
"Device" means any instrument, apparatus or contrivance, including its component parts, that is capable of producing or intended to produce an explosion but shall not include fireworks as defined in § 27-95.
"Explosive material" means any chemical compound, mechanical mixture or device that is commonly used or can be used for the purpose of producing an explosion and which contains any oxidizing and combustive agents or other ingredients in such proportions, quantities or packaging that an ignition by fire, friction, concussion, percussion, detonation or by any part of the compound or mixture may cause a sudden generation of highly heated gases. These materials include, but are not limited to, gunpowder, powders for blasting, high explosives, blasting materials, fuses (other than electric circuit breakers), detonators, and other detonating agents and smokeless powder.
"Fire bomb" means any container of a flammable material such as gasoline, kerosene, fuel oil, or other chemical compound, having a wick composed of any material or a device or other substance which, if set or ignited, is capable of igniting such flammable material or chemical compound but does not include a similar device commercially manufactured and used solely for the purpose of illumination or cooking.
"Hoax explosive device" means any device which by its design, construction, content or characteristics appears to be or to contain a bomb or other destructive device or explosive but which is an imitation of any such device or explosive.
Any person who (i) possesses materials with which fire bombs or explosive materials or devices can be made with the intent to manufacture fire bombs or explosive materials or devices or, (ii) manufactures, transports, distributes, possesses or uses a fire bomb or explosive materials or devices shall be guilty of a Class 5 felony. Any 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 shall be guilty of a Class 6 felony.
Nothing in this section shall prohibit the authorized manufacture, transportation, distribution, use or possession of any material, substance, or device by a member of the armed forces of the United States, fire fighters or law-enforcement officers, nor shall it prohibit the manufacture, transportation, distribution, use or possession of any material, substance or device to be used solely for scientific research, educational purposes or for any lawful purpose, subject to the provisions of §§ 27-97 and 27-97.2.
Code 1950, § 18.1-78.6; 1968, c. 249; 1972, c. 126; 1975, cc. 14, 15, 497; 1976, c. 526; 1977, c. 326; 1990, cc. 644, 647; 1992, c. 540; 2000, cc. 951, 1065; 2002, cc. 588, 623; 2005, c. 204.
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1997–2021 · leading case:
Flanagan v. Commonwealth, 714 S.E.2d 212 (Va. Ct. App. 2011).
Flanagan v. Commonwealth, 714 S.E.2d 212 (Va. Ct. App. 2011).
· cites it 60× “John Flanagan (appellant) appeals his conviction of possessing or manufacturing explosive materials, in violation of Code § 18.2-85. On appeal, appellant contends that Code § 18.”
Schwartz v. Commonwealth, 581 S.E.2d 891 (Va. Ct. App. 2003).
· cites it 4× “2-84 (addressing threats to bomb, burn or otherwise damage a structure); Code § 18.2-85 (addressing the manufacture, use or possession of firebombs or explosive materials or devices); Code § 18.”
Phillip C. BAY, S/K/A Philip C. Bay v. COMMONWEALTH of Virginia, 729 S.E.2d 768 (Va. Ct. App. 2012).
· cites it 2× “Bay, appellant, was convicted of eleven counts of manufacturing or possession of a fire bomb or explosive device with intent to manufacture, in violation of Code § 18.2-85, possession of a weapon of terrorism with intent to terrorize, in violation of Code § 18.”
William Edward Freeman, Jr. v. Commonwealth of Virginia, 778 S.E.2d 519 (Va. Ct. App. 2015).
· cites it 4× “” The court found an additional basis for reasonable suspicion because one of the objects looked like a hand grenade, the possession of which violates Code § 18.2-85. 2 Further, the court denied Freeman’s “void for vagueness” argument.”
South v. Commonwealth, 623 S.E.2d 419 (Va. Ct. App. 2005).
· cites it 4× “2 (exempting "law-enforcement officers or military personnel" from the prohibition of carrying a loaded firearm); Code § 18.2-85 (exempting members of the "armed forces of the United States" and "law-enforcement officers" from the prohibition on manufacturing or possessing…”
Benjamine Leonard Foley, II v. Commonwealth of Virginia, 755 S.E.2d 473 (Va. Ct. App. 2014).
· cites it 2× “In determining whether specific limiting language is either an element of the offense or a statutory defense this Court considers four factors: (1) “ ‘the wording of the exception and its role in relation to the other words in the statute;’ ” (2) “ ‘whether in light of the…”
Sennett v. United States, 778 F. Supp. 2d 655 (E.D. Va. 2011).
· cites it 3× “); (2) Va.Code § 18.2-85 (Manufacture, possession, use, etc.”
Leslie Neal Saunders v. Commonwealth of Virginia (Va. Ct. App. 2011).
· cites it 38× “3 On that same date, the district court certified to the grand jury two felony charges of violating Code § 18.2-85 and a felony charge of violating Code § 10.”
Commonwealth v. Saunders, 78 Va. Cir. 345 (Norfolk Cir. Ct. 2009).
· cites it 10× “Va. Code Ann. § 18.2-85 (i), (ii) (2008).”
Austin Albert Callahan v. Commonwealth of Virginia (Va. Ct. App. 2015).
· cites it 8× “A “device” is “any instrument, apparatus or contrivance, including its component parts, that is capable of producing or intended to produce an explosion but shall not include fireworks as defined in § 27-95.” Id.”
Commonwealth v. Carter, 93 Va. Cir. 129 (Fairfax Cir. Ct. 2016).
· cites it 2× “The defendant was arrested pursuant to warrant on the additional charge of manufacturing, transporting, *131 distributing, possessing, or using a firebomb or explosive material or device, in violation of Virginia Code § 18.2-85. He was held without bond on the new charge.”
— Va. Code Ann. § 18.2-85(i) — 2 cases
— Va. Code Ann. § 18.2-85(ii) — 2 cases
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