In this subtitle the following words have the meanings indicated. “Destructive device” means explosive material, incendiary material, or toxic material that is: combined with a delivery or detonating apparatus so as to be capable of inflicting injury to persons or damage to property; or deliberately modified, containerized, or otherwise equipped with a special delivery, activation, or detonation component that gives the material destructive characteristics of a military ordnance. “Destructive device” includes a bomb, grenade, mine, shell, missile, flamethrower, poison gas, Molotov cocktail, pipe bomb, and petroleum-soaked ammonium nitrate. “Explosive material” means material that explodes when detonated and has a destructive capability. “Explosive material” includes: explosives as defined in § 11-101 of the Public Safety Article; and dynamite for construction work, ammonium nitrate, natural gas in pipelines or storage tanks, ether, and cannisterized oxygen for health care facilities. “Explosive material” does not include items excluded from explosives in § 11-101 of the Public Safety Article when the items are used in their original configuration. “Incendiary material” means a flammable or combustible liquid. “Incendiary material” includes gasoline, acetone, benzene, butane, jet fuel, fuel oil, kerosene, and diesel fuel. “Toxic material” means material that is capable of causing death or serious bodily injury almost immediately on being absorbed through the skin, inhaled, or ingested. “Toxic material” includes: nerve gas, mustard gas, cyanide gas, chlorine gas, sulphuric acid, or their precursors; and a biological substance containing a disease organism or microorganism.

This subtitle does not apply to: a member of the armed forces of the United States or of the National Guard or law enforcement personnel of the United States, the State, or a political subdivision of the State while acting within the scope of official duties; an officer or employee of the United States, the State, or a political subdivision of the State who is authorized to handle a destructive device within the scope of official duties and who is acting within the scope of those duties; a person authorized by law to possess explosive material, incendiary material, or toxic material who is acting within the scope of authority if the possession of the material is specifically regulated or licensed by law; or a person who possesses smokeless or black gunpowder under Title 11, Subtitle 1 of the Public Safety Article and uses the gunpowder for loading or reloading small arms ammunition, antique firearms, or replicas of antique firearms.

A person may not knowingly: manufacture, transport, possess, control, store, sell, distribute, or use a destructive device; or possess explosive material, incendiary material, or toxic material with intent to create a destructive device. A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $250,000 or both. A sentence imposed under this subsection may be separate from and consecutive to or concurrent with a sentence for a crime based on the act or acts establishing the violation of this section. In addition to any other penalty authorized by law, if the person convicted or found to have committed a delinquent act under this section is a minor, the court may order the Motor Vehicle Administration to initiate an action, under the motor vehicle laws, to suspend the driving privilege of the minor for a specified period not to exceed: for a first violation, 6 months; and for each subsequent violation, 1 year or until the person is 21 years old, whichever is longer. In addition to any penalty provided in subsection (b) of this section, a person convicted or found to have committed a delinquent act under this section may be ordered by the court to pay restitution to: the State, county, municipal corporation, bicounty agency, multicounty agency, county board of education, public authority, or special taxing district for actual costs reasonably incurred due to a violation of this section, including the search for, removal of, and damages caused by a destructive device; and the owner or tenant of a property for the actual value of any goods, services, or income lost as a result of the evacuation of the property or damage sustained due to a violation of this section. If a person convicted or found to have committed a delinquent act under this section is a minor, the court may order the minor, the minor’s parent, or both to pay the restitution described in paragraph (1) of this subsection. Except as otherwise provided in this section, the provisions of Title 11, Subtitle 6 of the Criminal Procedure Article apply to an order of restitution under this paragraph. This subsection does not limit the right of a person to restitution under Title 11, Subtitle 6 of the Criminal Procedure Article.