Manufacture in the Second Degree.
(a) A person, who is not otherwise authorized by state or federal law or a permit issued to him or her by the State Fire Marshal, commits the crime of unlawful manufacture of a destructive device or bacteriological or biological weapon in the second degree if he or she does any of the following:
(1) Manufactures a destructive device or bacteriological or biological weapon. (2) Possesses precursor substances as determined in Section 13A-10-191, in any amount with the intent to unlawfully manufacture a destructive device or bacteriological or biological weapon.
(3) Combines two or more components with the intent to assemble, construct, or otherwise cause to be formed, a destructive device, incendiary device, over- pressure device, detonator, poison gas, or bacteriological or biological weapon as described in Section 13A-10-190. (4) Manufactures an explosive with intent to produce a destructive device, incendiary device, over-pressure device, detonator, poison gas, or bacteriological or biological weapon as described in 13A-10-190. (b) The fact that a destructive device, over-pressure device, explosive, detonator, poison gas, or bacteriological or biological weapon does not function as designed or intended, is not a defense to the crime of unlawful manufacture of a destructive device or bacteriological or biological weapon in the second degree. (c) Unlawful manufacture of a destructive device or bacteriological or biological weapon in the second degree is a Class B felony.
History: (Act 2016-414, §2.)