A person is guilty of criminal possession of a destructive device or a booby trap device when he possesses, manufactures, or transports such substance or device with:
(1) Intent to use that device to commit an offense against the laws of this state, a political subdivision thereof, or of the United States; or

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Terms Used In Kentucky Statutes 237.040

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • 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.
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

(2) Knowledge that some other person intends to use that device to commit an offense against the laws of this state, a political subdivision thereof, or of the United States.
(3) Mere possession without substantial evidence of the requisite intent is insufficient to bring action under KRS § 237.030 to KRS § 237.050.
History: Created 1972 Ky. Acts ch. 33, sec. 2.