Delaware Code Title 11 Sec. 1338 – Bombs, incendiary devices, Molotov cocktails and explosive devices; …
(a) For purposes of this section the following definitions shall be made applicable:
(1) “Incendiary device” means any item designed to ignite by hand, chemical reaction or by spontaneous combustion and is not designed for any lawful purpose or use whatsoever, or any lawful purpose or use has been or is terminated.
(2) “Molotov cocktail” means a makeshift incendiary bomb made of a breakable container filled with flammable liquid and provided with a wick composed of any substance capable of bringing flame into contact with the liquid.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 8 years |
Terms Used In Delaware Code Title 11 Sec. 1338
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) Whoever manufactures, transfers, uses, possesses or transports any bomb, incendiary device, Molotov cocktail or device designed to explode or produce uncontained combustion with intent to cause bodily harm or damage to any property or thing shall be guilty of a class D felony.
(c) Any other provision of this Criminal Code notwithstanding, any person over 16 years old who violates this section may be prosecuted as an adult pursuant to §§ 1010 and 1011 of Title 10.
(d) In any prosecution under this section, it is prima facie evidence of intent to cause bodily harm or damage to any property or thing if the accused had possession of the device prescribed by this section.
11 Del. C. 1953, § ?1338; 58 Del. Laws, c. 497, § ?1; 67 Del. Laws, c. 130, § ?8; 81 Del. Laws, c. 199, § 2;