(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:

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B felony2 to 20 yearsup to $30,000
For details, see Ala. Code § 13A-5-6
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Terms Used In Alabama Code 13A-10-193.1

  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(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.
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