16-7-1. [ Index ]
(a) A person commits the offense of burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof. A person convicted of the offense of burglary, for the first such offense, shall be punished by imprisonment for not less than one nor more than 20 years. For the purposes of this Code section, the term 'railroad car' shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property.
(b) Upon a second conviction for a crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than two nor more than 20 years. Upon a third conviction for the crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than five nor more than 20 years. Adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld for any offense punishable under this subsection.

16-7-20. [ Index ]
(a) A person commits the offense of possession of tools for the commission of crime when he has in his possession any tool, explosive, or other device commonly used in the commission of burglary, theft, or other crime with the intent to make use thereof in the commission of a crime.
(b) A person convicted of the offense of possession of tools for the commission of crime shall be punished by imprisonment for not less than one nor more than five years.

16-7-21. [ Index ]
(a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.
(b) A person commits the offense of criminal trespass when he or she knowingly and without authority:
(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or
(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.
(c) For the purposes of subsection (b) of this Code section, permission to enter or invitation to enter given by a minor who is or is not present on or in the property of the minorīs parent or guardian is not sufficient to allow lawful entry of another person upon the land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minorīs parent or guardian if such parent or guardian has previously given notice that such entry is forbidden or notice to depart.
(d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor.
(e) A person commits the offense of criminal trespass when he or she intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned.

16-7-22. [ Index ]
(a) A person commits the offense of criminal damage to property in the first degree when he:
(1) Knowingly and without authority interferes with any property in a manner so as to endanger human life; or
(2) Knowingly and without authority and by force or violence interferes with the operation of any system of public communication, public transportation, sewerage, drainage, water supply, gas, power, or other public utility service or with any constituent property thereof.
(b) A person convicted of the offense of criminal damage to property in the first degree shall be punished by imprisonment for not less than one nor more than ten years.

16-7-23. [ Index ]
(a) A person commits the offense of criminal damage to property in the second degree when he:
(1) Intentionally damages any property of another person without his consent and the damage thereto exceeds $500.00;
(2) Recklessly or intentionally, by means of fire or explosive, damages property of another person; or
(3) With intent to damage, starts a fire on the land of another without his consent.
(b) A person convicted of the offense of criminal damage to property in the second degree shall be punished by imprisonment for not less than one nor more than five years.

16-7-24. [ Index ]
(a) A person commits the offense of interference with government property when he destroys, damages, or defaces government property and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
(b) A person commits the offense of interference with government property when he forcibly interferes with or obstructs the passage into or from government property and, upon conviction thereof, shall be punished as for a misdemeanor.

16-7-25. [ Index ]
(a) It shall be unlawful for any person intentionally and without authority to injure or destroy any meter, pipe, conduit, wire, line, post, lamp, or other apparatus belonging to a company, municipality, or political subdivision engaged in the manufacture or sale of electricity, gas, water, telephone, or other public services; intentionally and without authority to prevent a meter from properly registering the quantity of such service supplied; in any way to interfere with the proper action of such company, municipality, or political subdivision; intentionally to divert any services of such company, municipality, or political subdivision; or otherwise intentionally and without authority to use or cause to be used, without the consent of the company, municipality, or political subdivision, any service manufactured, sold, or distributed by the company, municipality, or political subdivision.
(b) Where there is no evidence to the contrary, the person performing any of the illegal acts set forth in subsection (a) of this Code section and the person who with knowledge of such violation receives the benefit of such service without proper charge as a result of the improper action shall be presumed to be responsible for the act of tampering or diversion.
(c) This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state or local authorities or agencies and local ordinances prohibiting such activities which are more restrictive than this Code section.
(d) Any person who violates this Code section shall be guilty of a misdemeanor.

16-7-26. [ Index ]
(a) A person commits the offense of vandalism to a place of worship when he maliciously defaces or desecrates a church, synagogue, or other place of public religious worship.
(b) A person convicted of the offense of vandalism to a place of worship shall be punished by imprisonment for not less than one nor more than five years.

16-7-27. [ Index ]
(a) It shall be unlawful for any person willfully or maliciously to injure, tear down, or destroy any mailbox or receptacle intended or used for the receipt or delivery of mail or willfully or maliciously to injure, deface, or destroy any mail deposited therein.
(b) Any person who violates this Code section shall be guilty of a misdemeanor.

16-7-28. [ Index ]
(a) It shall be unlawful:
(1) To start, cause, or procure another to start a fire in any woodlands, brush, field, or any other lands not oneīs own or leased and without the permission of the owner;
(2) To burn any brush, field, forest land, campfire, or debris, whether on oneīs own land or the lands of another, without taking the necessary precautions before, during, and after the fire to prevent the escape of such fire onto the lands of another. The escape of such fire shall be prima-facie evidence that necessary precautions were not taken;
(3) For any person to cause a fire by discarding any lighted cigarette, cigar, debris, or any other flaming or smoldering material that may cause a forest fire; or
(4) To destroy or damage any material or device used in the detection or suppression of wildfires.
(b) This Code section shall not apply to fire resulting from the operation of transportation machinery or equipment used in its normal or accustomed manner.
(c) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.

16-7-29. [ Index ]
Repealed.

16-7-40. [ Index ]
This part shall be known and may be cited as the 'Litter Control Law.'

16-7-41. [ Index ]
Repealed.

16-7-42. [ Index ]
As used in this part, the term:
(1) 'Litter' means all discarded sand, gravel, slag, brickbats, rubbish, waste material, tin cans, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description which are not waste as such term is defined in paragraph (6) of Code Section 16-7-51.
(2) 'Public or private property' means the right of way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; and residential or farm properties, timberlands, or forests.

16-7-43. [ Index ]
(a) It shall be unlawful for any person or persons to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or leaving of litter on any public or private property in this state or any waters in this state, unless:
(1) The property is designated by the state or by any of its agencies or political subdivisions for the disposal of litter and the person is authorized by the proper public authority to use such property;
(2) The litter is placed into a litter receptacle or container installed on such property; or
(3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:
(1) By a fine of not less than $200.00 nor more than $1,200.00; and
(2)(A) In the sound discretion of the court, the person may be directed to pick up and remove from any public street or highway or public right of way for a distance not to exceed one mile any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or
(B) In the sound discretion of the judge of the court, the person may be directed to pick up and remove from any public beach, public park, private right of way, or, with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence.
(c) The court may publish the names of persons convicted of violating subsection (a) of this Code section.
(d) Any county, municipality, or law enforcement agency thereof of this state which is empowered to enforce the provisions of this Code section or local littering ordinances may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, and has not previously been convicted of a felony to enforce the provisions of this Code section or local littering ordinances within the county or municipality in which the appointing agency exercises jurisdiction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this Code section or local littering ordinances in the same manner as any employee or law enforcement officer of this state or any county or municipality of this state subject to the limitations provided in subsections (e) and (f) of this Code section.
(e) No person appointed pursuant to subsection (d) of this Code section shall be deemed a peace officer under the laws of this state or:
(1) Be deemed to be an employee of or receive any compensation from the state, county, municipality, or appointing law enforcement agency;
(2) Be required to complete any training or be certified pursuant to the requirements of Chapter 8 of Title 35;
(3) Have the power or duty to enforce any other traffic or criminal laws of the state, county, or municipality;
(4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the littering laws; or
(5) Be entitled to any indemnification from the state, county, or municipality for any injury or property damage sustained by such person as a result of attempting to enforce the littering laws of this state or any local government.
(f) Notwithstanding any law to the contrary, neither the state nor any county, municipality or other political subdivision of this state or any department, agency, board, or officer of this state or any county, municipality or political subdivision of this state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connection with such personīs enforcement of the provisions of this Code section or local littering ordinances.
(g) It shall be unlawful for any person willfully to obstruct, resist, impede, or interfere with any person appointed pursuant to this Code section in connection with such personīs enforcement of this Code section or local littering ordinances or to retaliate or discriminate in any manner against such person as a reprisal for any act or omission of such person. Any violation of this subsection shall be punishable as a misdemeanor.

16-7-44. [ Index ]
(a) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of Code Section 16-7-43, it shall be prima-facie evidence that the operator of the conveyance has violated this part.
(b) Except as provided in subsection (a) of this Code section, whenever any litter which is dumped, deposited, thrown, or left on public or private property in violation of Code Section 16-7-43 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this part.

16-7-45. [ Index ]
All law enforcement agencies, officers, and officials of this state or any political subdivision thereof or any enforcement agency, officer, or any official of any commission of this state or any political subdivision thereof is authorized, empowered, and directed to enforce compliance with this part.

16-7-46. [ Index ]
All public authorities and agencies having supervision of properties of this state are authorized, empowered, and instructed to establish and maintain receptacles for the deposit of litter at appropriate locations where the property is frequented by the public, to post signs directing persons to the receptacles and serving notice of the provisions of this part, and to otherwise publicize the availability of litter receptacles and requirements of this part.

16-7-47. [ Index ]
(a) As used in this Code section, the term 'household garbage' means animal, vegetable, and fruit refuse matter and other refuse matter ordinarily generated as by-products of a household or restaurant, such as tin cans, bottles, paper, cardboard, plastics, and wrapping or packaging materials.
(b) The governing authority of each county of this state which provides containers for the dumping of trash or garbage therein shall be authorized to designate any or all such containers as being suitable for the dumping therein of household garbage only. If a container is clearly marked 'household garbage only,' it shall be unlawful for any person to dump any refuse or other material into the container other than household garbage.
(c) It shall be unlawful for any person to set fire to the contents of, indiscriminately scatter or disperse the contents of, or otherwise vandalize any containers provided by any county for the dumping of trash or garbage.
(d) Any person who violates subsection (b) or (c) of this Code section shall be guilty of a misdemeanor.

16-7-48. [ Index ]
Nothing within this part shall be construed to prohibit the adoption of local ordinances regulating and controlling litter within the corporate limits of a municipality. Violation of such ordinances shall be punished as provided in the municipal charter.

16-7-50. [ Index ]
This part shall be known and may be cited as the 'Waste Control Law.'

16-7-51. [ Index ]
As used in this part, the term:
(1) 'Biomedical waste' means that term as defined in paragraph (1.1) of Code Section 12-8-22 on January 1, 1993.
(2) 'Commercial purpose' means for the purpose of economic gain.
(3) 'Dump' means to throw, discard, place, deposit, discharge, burn, or dispose of a substance.
(4) 'Hazardous substance' means that term as defined in paragraph (4) of Code Section 12-8-92 on January 1, 1993.
(5) 'Hazardous waste' means that term as defined in paragraph (10) of Code Section 12-8-62 on January 1, 1993.
(6) 'Waste' means all discarded substances and materials whatsoever exceeding ten pounds in weight or 15 cubic feet in volume, or any such substance in any weight or volume if biomedical waste, hazardous waste, a hazardous substance, or any such substance or material dumped for commercial purposes. Such term includes, without limitation, sand; gravel; slag; brickbats; rubbish; waste material; tin cans; refuse; garbage; trash; debris; dead animals; bottles; boxes; containers; papers; tobacco products; tires; appliances; mechanical equipment or parts; building or construction materials; tools; machinery; wood; motor vehicles and motor vehicle parts; vessels; aircraft equipment; waste oil; batteries; antifreeze; sludge from a waste-water treatment facility, water supply treatment plant, or air pollution control facility; air contaminants from any source or facility; and any other discarded material or substance of every kind and description resulting from domestic, industrial, commercial, mining, or governmental operations.

16-7-52. [ Index ]
It shall be unlawful for any person to dump waste unless authorized to do so by law or by a duly issued permit:
(1) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right of way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping;
(2) In or on any fresh-water lake, river, canal, or stream or tidal or coastal water of the state; or
(3) In or on any private property, unless prior consent of the owner has been given and unless such dumping will not adversely affect the public health and is not in violation of any other state law, rule, or regulation.

16-7-53. [ Index ]
(a) Any person who dumps waste in violation of Code Section 16-7-52 in an amount not exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall be guilty of a misdemeanor of a high and aggravated nature. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation.
(b) Any person who dumps waste in violation of Code Section 16-7-52 in an amount exceeding 500 pounds in weight or 100 cubic feet in volume shall upon the first offense be guilty of a misdemeanor of a high and aggravated nature and shall upon the second and each subsequent offense be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two years, or both. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation.
(c) Any person who dumps waste in violation of Code Section 16-7-52 in any quantity if the waste is biomedical waste, hazardous waste, or a hazardous substance or if the dumping is for commercial purposes shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two years, or both. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation.
(d) In addition to the penalties provided in subsections (a) and (b) of this Code section, the court may order the violator to remove or render harmless any waste dumped in violation of Code Section 16-7-52, repair or restore property damaged by or pay damages resulting from such dumping, or perform public service related to the removal of illegally dumped waste or to the restoration of an area polluted by such waste.

16-7-54. [ Index ]
Whenever any waste which is dumped in violation of Code Section 16-7-52 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon, addressed to such person or in any other manner indicating that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this part.

16-7-55. [ Index ]
Nothing in this part shall limit the authority of any state agency to enforce any other laws, rules, or regulations relating to waste or the management of solid, biomedical, or hazardous waste.

16-7-56. [ Index ]
Nothing in this part shall be construed so as to repeal, supersede, amend, or modify any provision of Title 12.

16-7-60. [ Index ]
(a) A person commits the offense of arson in the first degree when, by means of fire or explosive, he knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage:
(1) Any dwelling house of another without his consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, whether it is occupied, unoccupied, or vacant;
(2) Any building, vehicle, railroad car, watercraft, or other structure of another without his consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, if such structure is designed for use as a dwelling, whether it is occupied, unoccupied, or vacant;
(3) Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant and when such is insured against loss or damage by fire or explosive and such loss or damage is accomplished without the consent of both the insurer and the insured;
(4) Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner; or
(5) Any building, vehicle, railroad car, watercraft, aircraft, or other structure under such circumstances that it is reasonably foreseeable that human life might be endangered.
(b) A person convicted of the offense of arson in the first degree shall be punished by a fine of not more than $50,000.00 or by imprisonment for not less than one nor more than 20 years, or both.

16-7-61. [ Index ]
(a) A person commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Code Section 16-7-60 when, by means of fire or explosive, he knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both.
(b) A person convicted of the offense of arson in the second degree shall be punished by a fine of not more than $25,000.00 or by imprisonment for not less than one nor more than ten years, or both.

16-7-62. [ Index ]
(a) A person commits the offense of arson in the third degree when, by means of fire or explosive, he knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage:
(1) Any personal property of another without his consent or in which another has a security interest, including but not limited to a lien, without the consent of both and the value of the property is $25.00 or more;
(2) Any personal property when such is insured against loss or damage by fire or explosive and the loss or damage is accomplished without the consent of both the insurer and insured and the value of the property is $25.00 or more; or
(3) Any personal property with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner and the value of the property is $25.00 or more.
(b) A person convicted of the offense of arson in the third degree shall be punished by a fine not to exceed $10,000.00 or by imprisonment for not less than one nor more than five years, or both.

16-7-63. [ Index ]
Repealed.

16-7-64. [ Index ]
Repealed.

16-7-80. [ Index ]
As used in this article, the term:
(1) 'Bacteriological weapon' or 'biological weapon' means any device which is designed in such a manner as to permit the intentional release into the population or environment of microbial or other biological agents or toxins whatever their origin or method of production in a manner not otherwise authorized by law or any device the development, production, or stockpiling of which is prohibited pursuant to the 'Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction,' 26 U.S.T. 583, TIAS 8063.
(2) 'Commissioner' means the Safety Fire Commissioner.
(3) 'Conviction' means an adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state, any other state or territory, the United States, or a foreign nation recognized by the United States. Such term includes any such conviction or plea notwithstanding the fact that sentence was imposed pursuant to Article 3 of Chapter 8 of Title 42. Such term also includes the adjudication or plea of a juvenile to the commission of an act which if committed by an adult would constitute a crime under the laws of this state.
(4) 'Destructive device' means:
(A) Any explosive, incendiary, or over-pressure device or poison gas which has been configured as a bomb; a grenade; a rocket with a propellant charge of more than four ounces; a missile having an explosive or incendiary charge of more than one-quarter ounce; a poison gas; a mine; a Molotov cocktail; or any other device which is substantially similar to such devices;
(B) Any type of weapon by whatever name known which will or may be readily converted to expel a projectile by the action of an explosive or other propellant, through a barrel which has a bore diameter of more than one-half inch in diameter; provided, however, that such term shall not include a pistol, rifle, or shotgun suitable for sporting or personal safety purposes or ammunition; a device which is neither designed or redesigned for use as a weapon; a device which, although originally designed for use as a weapon, is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or surplus military ordnance sold, loaned, or given by authority of the appropriate official of the United States Department of Defense;
(C) A weapon of mass destruction;
(D) A bacteriological weapon or biological weapon; or
(E) Any combination of parts either designed or intended for use in converting any device into a destructive device as otherwise defined in this paragraph.
(5) 'Detonator' means a device containing a detonating charge that is used to initiate detonation in an explosive, including but not limited to electric blasting caps, blasting caps for use with safety fuses, and detonating cord delay connectors.
(6) 'Director' means the director of the Georgia Bureau of Investigation.
(7) 'Distribute' means the actual, constructive, or attempted transfer from one person to another.
(8) 'Explosive' means any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion capable of causing injury to persons or damage to property or containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property, including but not limited to the substances designated in Code Section 16-7-81; provided, however, that the term explosive shall not include common fireworks as defined by Code Section 25-10-1, model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, or toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap for toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps unless such devices are used as a component of a destructive device.
(9) 'Explosive ordnance disposal technician' or 'EOD technician' means:
(A) A law enforcement officer, fire official, emergency management official, or an employee of this state or its political subdivisions or an authority of the state or a political subdivision who is certified in accordance with Code Section 35-8-13 and members of the Georgia National Guard who are qualified as explosive ordnance disposal technicians under the appropriate laws and regulations when acting in the performance of their official duties; and
(B) An official or employee of the United States, including but not limited to a member of the armed forces of the United States, who is qualified as an explosive ordnance disposal technician under the appropriate laws and regulations when acting in the performance of his or her official duties.
(10) 'Felony' means any offense punishable by imprisonment for a term of one year or more, and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. A conviction of an offense under the laws of a foreign nation shall be considered a felony for the purposes of this article if the conduct giving rise to such conviction would have constituted a felony under the laws of this state or of the United States if committed within the jurisdiction of this state or the United States at the time of such conduct.
(11) 'Hoax device' or 'replica' means a device or article which has the appearance of a destructive device.
(12) 'Incendiary' means a flammable liquid or compound with a flash point of 150 degrees Fahrenheit or less as determined by Tagliabue or equivalent closed-cup device, including but not limited to, gasoline, kerosene, fuel oil, or a derivative of such substances.
(13) 'Over-pressure device' means a frangible container filled with an explosive gas or expanding gas which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage.
(14) 'Poison gas' means any toxic chemical or its precursors that through its chemical action or properties on life processes causes death or permanent injury to human beings; provided, however, that such term shall not include:
(A) Riot control agents, smoke, and obscuration materials or medical products which are manufactured, possessed, transported, or used in accordance with the laws of the United States and of this state;
(B) Tear gas devices designed to be carried on or about the person which contain not more than one-half ounce of the chemical;
(C) Pesticides, as provided in paragraph (12) of Code Section 16-7-93.
(15) 'Property' means any real or personal property of any kind including money, choses in action, and other similar interests in property.
(16) 'Public building' means any structure which is generally open to members of the public with or without the payment of an admission fee or membership dues including, but not limited to structures owned, operated, or leased by the state, the United States, any of the several states, or any foreign nation or any political subdivision or authority thereof; any religious organization; any medical facility; any college, school, or university; or any corporation, partnership, or association.
(17) 'Weapon of mass destruction' means any device which is designed in such a way as to release radiation or radioactivity at a level which will result in internal or external bodily injury or death to any person.

16-7-81. [ Index ]
The following materials are explosives within the meaning of this article:
(1) Acetylides of heavy metals;
(2) Aluminum containing polymeric propellant;
(3) Aluminum ophorite explosive;
(4) Amatex;
(5) Amatol;
(6) Ammonal;
(7) Ammonium nitrate explosive mixtures, cap sensitive;
(8) Ammonium nitrate explosive mixtures, noncap sensitive;
(9) Aromatic nitro-compound explosive mixtures;
(10) Ammonium perchlorate explosive mixtures;
(11) Ammonium perchlorate composite propellant;
(12) Ammonium picrate (picrate of ammonia, Explosive D);
(13) Ammonium salt lattice with isomorphously substituted inorganic salts;
(14) Ammonium tri-iodide;
(15) ANFO (ammonium nitrate-fuel oil);
(16) Baratol;
(17) Baronol;
(18) BEAF (1,2-bis (2,2-difluoro-2-nitroacetoxyethane));
(19) Black powder;
(20) Black powder based explosive mixtures;
(21) Blasting agents, nitro-carbo-nitrates, including noncap sensitive slurry and water-gel explosives;
(22) Blasting caps;
(23) Blasting gelatin;
(24) Blasting powder;
(25) BTNEC (bis (trinitroethyl) carbonate);
(26) Bulk salutes;
(27) BTNEN (bis (trinitroethyl) nitramine);
(28) BTTN (1,2,4 butanetriol trinitrate);
(29) Butyl tetryl;
(30) Calcium nitrate explosive mixture;
(31) Cellulose hexanitrate explosive mixture;
(32) Chlorate explosive mixtures;
(33) Composition A and variations;
(34) Composition B and variations;
(35) Composition C and variations;
(36) Copper acetylide;
(37) Cyanuric triazide;
(38) Cyclotrimethylenetrinitramine (RDX);
(39) Cyclotetramethylenetetranitramine (HMX);
(40) Cyclonite (RDX);
(41) Cyclotol;
(42) DATB (diaminotrinitrobenzene);
(43) DDNP (diazodinitrophenol);
(44) DEGDN (diethyleneglycol dinitrate);
(45) Detonating cord;
(46) Detonators;
(47) Dimethylol dimethyl methane dinitrate composition;
(48) Dinitroethyleneurea;
(49) Dinitroglycerine (glycerol dinitrate);
(50) Dinitrophenol;
(51) Dinitrophenolates;
(52) Dinitrophenyl hydrazine;
(53) Dinitroresorcinol;
(54) Dinitrotoluene-sodium nitrate explosive mixtures;
(55) DIPAM;
(56) Dipicryl sulfone;
(57) Dipicrylamine;
(58) Display fireworks;
(59) DNDP (dinitropentano nitrile);
(60) DNPA (2,2-dinitropropyl acrylate);
(61) Dynamite;
(62) EDDN (ethylene diamine dinitrate);
(63) EDNA;
(64) Ednatol;
(65) EDNP (ethyl 4,4-dinitropentanoate);
(66) Erythritol tetranitrate explosives;
(67) Esters of nitro-substituted alcohols;
(68) EGDN (ethylene glycol dinitrate);
(69) Ethyl-tetryl;
(70) Explosive conitrates;
(71) Explosive gelatins;
(72) Explosive mixtures containing oxygen-releasing inorganic salts and hydrocarbons;
(73) Explosive mixtures containing oxygen-releasing inorganic salts and nitro bodies;
(74) Explosive mixtures containing oxygen-releasing inorganic salts and water insoluble fuels;
(75) Explosive mixtures containing oxygen-releasing inorganic salts and water soluble fuels;
(76) Explosive mixtures containing sensitized nitromethane;
(77) Explosive mixtures containing tetranitromethane (nitroform);
(78) Explosive nitro compounds of aromatic hydrocarbons;
(79) Explosive organic nitrate mixtures;
(80) Explosive liquids;
(81) Explosive powders;
(82) Flash powder;
(83) Fulminate of mercury;
(84) Fulminate of silver;
(85) Fulminating gold;
(86) Fulminating mercury;
(87) Fulminating platinum;
(88) Fulminating silver;
(89) Gelatinized nitrocellulose;
(90) Gem-dinitro aliphatic explosive mixtures;
(91) Guanyl nitrosamino guanyl tetrazene;
(92) Guanyl nitrosamino guanylidene hydrazine;
(92.1) Guncotton;
(92.2) Heavy metal azides;
(92.3) Hexamitrostrilbene;
(92.4) Hexanite;
(92.5) Hexanitrodiphenylamine;
(92.6) Hexogen;
(93) Hexogene or octogene and a nitrated N-methylaniline;
(94) Hexolites;
(95) HMX (cyclo-l,3,5,7-tetramethylene-2,4,6,8-tetranitramine; Octogen);
(96) Hydrazinium nitrate/hydrazine/aluminum explosive system;
(97) Hydrazoic acid;
(98) Igniter cord;
(99) Igniters;
(100) Initiating tube systems;
(101) KDNBF (potassium dinitrobenzo-furoxane);
(102) Lead azide;
(103) Lead mannite;
(104) Lead mononitroresorcinate;
(105) Lead picrate;
(106) Lead salts, explosive;
(107) Lead styphnate (styphnate of lead, lead trinitroresorcinate);
(108) Liquid nitrated polyol and trimethylolethane;
(109) Liquid oxygen explosives;
(110) Magnesium ophorite explosives;
(111) Mannitol hexanitrate;
(112) MDNP (methyl 4,4-dinitropentanoate);
(113) MEAN (monoethanolamine nitrate);
(114) Mercuric fulminate;
(115) Mercury oxalate;
(116) Mercury tartrate;
(117) Metriol trinitrate;
(118) Minol-2 (40% TNT, 40% ammonium nitrate, 20% aluminum);
(119) MMAN (monomethylamine nitrate); methylamine nitrate;
(120) Mononitrotoluene-nitroglycerin mixture;
(121) Monopropellants;
(122) NIBTN (nitroisobutametriol trinitrate);
(123) Nitrate sensitized with gelled nitroparaffin;
(124) Nitrated carbohydrate explosive;
(125) Nitrated glucoside explosive;
(126) Nitrated polyhydric alcohol explosives;
(127) Nitrates of soda explosive mixtures;
(128) Nitric acid and a nitro aromatic compound explosive;
(129) Nitric acid and carboxylic fuel explosive;
(130) Nitric acid explosive mixtures;
(131) Nitro aromatic explosive mixtures;
(132) Nitro compounds of furane explosive mixtures;
(133) Nitrocellulose explosive;
(134) Nitroderivative of urea explosive mixture;
(135) Nitrogelatin explosive;
(136) Nitrogen trichloride;
(137) Nitrogen tri-iodide;
(138) Nitroglycerine (NG, RNG, nitro, glyceryl trinitrate, trinitroglycerine);
(139) Nitroglycide;
(140) Nitroglycol (ethylene glycol dinitrate, EGDN);
(141) Nitroguanidine explosives;
(142) Nitroparaffins Explosive Grade and ammonium nitrate mixtures;
(143) Nitronium perchlorate propellant mixtures;
(144) Nitrostarch;
(145) Nitro-substituted carboxylic acids;
(146) Nitrourea;
(147) Octogen (HMX);
(148) Octol (75% HMX, 25% TNT);
(149) Organic amine nitrates;
(150) Organic nitramines;
(151) PBX (RDX and plasticizer);
(152) Pellet powder;
(153) Penthrinite composition;
(154) Pentolite;
(155) Perchlorate explosive mixtures;
(156) Peroxide based explosive mixtures;
(157) PETN (nitropentaerythrite, pentaerythrite tetranitrate, pentaerythritol tetranitrate);
(158) Picramic acid and its salts;
(159) Picramide;
(160) Picrate of potassium explosive mixtures;
(161) Picratol;
(162) Picric acid (manufactured as an explosive);
(163) Picryl chloride;
(164) Picryl fluoride;
(165) PLX (95% nitromethane, 5% ethylenediamine);
(166) Polynitro aliphatic compounds;
(167) Polyolpolynitrate-nitrocellulose explosive gels;
(168) Potassium chlorate and lead sulfocyanate explosive;
(169) Potassium nitrate explosive mixtures;
(170) Potassium nitroaminotetrazole;
(171) Pyrotechnic compositions;
(172) PYX (2,6-bis(picrylamino)-3,5-dinitropyridine);
(173) RDX (cyclonite, hexogen, T4,cyclo-l,3,5,-trimethylene-2,4,6,-rinitramine;hexahydro-l,3,5-trinitro-S-triazine);
(174) Safety fuse;
(175) Salutes, (bulk);
(176) Salts of organic amino sulfonic acid explosive mixture;
(177) Silver acetylide;
(178) Silver azide;
(179) Silver fulminate;
(180) Silver oxalate explosive mixtures;
(181) Silver styphnate;
(182) Silver tartrate explosive mixtures;
(183) Silver tetrazene;
(184) Slurried explosive mixtures of water, inorganic oxidizing salt, gelling agent, fuel, and sensitizer, cap sensitive;
(185) Smokeless powder;
(186) Sodatol;
(187) Sodium amatol;
(188) Sodium azide explosive mixture;
(189) Sodium dinitro-ortho-cresolate;
(190) Sodium nitrate-potassium nitrate explosive mixture;
(191) Sodium picramate;
(192) Special fireworks;
(193) Squibs;
(194) Styphnic acid explosives;
(195) Tacot (tetranitro-2,3,5,6-dibenzo-l,3a,4,6atetrazapentalene);
(196) TATB (triaminotrinitrobenzene);
(197) TATP (triacetone triperoxide);
(198) TEGDN (triethylene glycol dinitrate);
(199) Tetrazene (tetracene, tetrazine, l(5-tetrazolyl)-4-guanyl tetrazene hydrate);
(200) Tetranitrocarbazole;
(201) Tetryl (2,4,6 tetranitro-N-methylaniline);
(202) Tetrytol;
(203) Thickened inorganic oxidizer salt slurried explosive mixture;
(204) TMETN (trimethylolethane trinitrate);
(205) TNEF (trinitroethyl formal);
(206) TNEOC (trinitroethylorthocarbonate);
(207) TNEOF (trinitroethylorthoformate);
(208) TNT (trinitrotoluene, trotyl, trilite, triton);
(209) Torpex;
(210) Tridite;
(211) Trimethylol ethyl methane trinitrate composition;
(212) Trimethylolthane trinitrate-nitrocellulose;
(213) Trimonite;
(214) Trinitroanisole;
(215) Trinitrobenzene;
(216) Trinitrobenzoic acid;
(217) Trinitrocresol;
(218) Trinitro-meta-cresol;
(219) Trinitronaphthalene;
(220) Trinitrophenetol;
(221) Trinitrophloroglucinol;
(222) Trinitroresorcinol;
(223) Tritonal;
(224) Urea nitrate;
(225) Water bearing explosives having salts of oxidizing acids and nitrogen bases, sulfates, or sulfamates, cap sensitive;
(226) Water-in-oil emulsion explosive compositions;
(227) Xanthamonas hydrophilic colloid explosive mixture.

16-7-82. [ Index ]
(a) It shall be unlawful for any person to possess, manufacture, transport, distribute, possess with the intent to distribute, or offer to distribute a destructive device except as provided in this article.
(b) Any person convicted of a violation of this Code section shall be punished by imprisonment for not less than three nor more than 20 years or, by a fine of not more than $25,000.00 or both or, if the defendant is a corporation, by a fine of not less than $25,000.00 nor more than $100,000.00 or not fewer than 5,000 nor more than 10,000 hours of community service or both.

16-7-83. [ Index ]
(a) It shall be unlawful for any person who is under indictment for or who has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation to possess, manufacture, transport, distribute, possess with the intent to distribute, or offer to distribute a destructive device, detonator, explosive, poison gas, or hoax device.
(b) It shall be unlawful for any person knowingly to distribute a destructive device, detonator, explosive, poison gas, or hoax device to any person:
(1) Who he or she knows or should know is under indictment for or has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation; or
(2) Who he or she knows or should know has been adjudicated to be mentally incompetent or mentally ill by a court of this state, any other state, or the United States including its territories, possessions, and dominions.
(c) Any person convicted of a violation of this Code section shall be punished, in the case of an individual, by imprisonment for not less than one nor more than 15 years or by a fine of not more than $25,000.00 or both or, if the defendant is a corporation, by a fine of not less than $10,000.00 nor more than $75,000.00 or not fewer than 1,000 nor more than 5,000 hours of community service or both.
(d) Notwithstanding any other provision of law, the Department of Human Resources shall make available to any law enforcement agency or district attorney of this state such information as may be necessary to establish that a person has been adjudicated by any court to be mentally incompetent or mentally ill.
(e) The provisions of this Code section shall not apply to:
(1) Any person who has been pardoned for a felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of any other state or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, distribute, or transport a destructive device, explosive, poison gas, or detonator; or
(2) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of explosives by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. 845, may apply to the Board of Public Safety for relief from the disabilities imposed by this Code section in the same manner as is provided in subsection (d) of Code Section 16-11-131. The board may grant such relief under the same standards and conditions as apply to firearms.

16-7-84. [ Index ]
(a) It shall be unlawful for any person to distribute or to offer to distribute a destructive device, explosive, poison gas, or detonator to any person who is under 21 years of age.
(b) Any person convicted of a violation of this Code section shall be punished, in the case of an individual, by imprisonment for not less than one nor more than three years or by a fine of not more than $10,000.00 or both or, if the defendant is a corporation, by a fine of not more than $20,000.00 or not fewer than 3,000 hours of community service or both.

16-7-85. [ Index ]
(a) It shall be unlawful for any person to manufacture, possess, transport, distribute, or use a hoax device or replica of a destructive device or detonator with the intent to cause another to believe that such hoax device or replica is a destructive device or detonator.
(b) Any person convicted of a violation of this Code section shall be punished by imprisonment for not more than one year or by a fine of not more than $10,000.00 or both or, if the defendant is a corporation, a fine of not less than $1,000.00 or not fewer than 500 hours of community service or both for each such hoax device or replica; provided, however, that if such person communicates or transmits to another that such hoax device or replica is a destructive device or detonator with the intent to obtain the property of another person or to interfere with the ability of another person to conduct or carry on the ordinary course of business, trade, education, or government, such violation shall be punished by imprisonment for not less than one year nor more than five years or by a fine of not more than $25,000.00 or both or, if the defendant is a corporation, a fine of not less than $50,000.00 or not fewer than 1,000 nor more than 10,000 hours of community service or both for each such hoax device or replica.

16-7-86. [ Index ]
It shall be unlawful for any person to attempt or conspire to commit any offense prohibited by this article. Any person convicted of a violation of this Code section shall be punished by imprisonment or community service; by a fine; or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy.

16-7-87. [ Index ]
It shall be unlawful for any person knowingly to hinder or obstruct any explosive ordnance technician, law enforcement officer, fire official, emergency management official, animal trained to detect destructive devices, or any robot or mechanical device designed or utilized by a law enforcement officer, fire official, or emergency management official of this state or of the United States in the detection, disarming, or destruction of a destructive device. Any person convicted of a violation of this Code section shall be punished as provided in subsection (b) of Code Section 16-10-24.

16-7-88. [ Index ]
(a) Any person who possesses, transports, or receives or attempts to possess, transport, or receive any destructive device or explosive with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or to destroy any public building shall be punished by imprisonment for not less than ten nor more than 20 years or by a fine of not more than $125,000.00 or both or, if the defendant is a corporation, by a fine of not less than $125,000.00 nor more than $200,000.00 or sentenced to perform not fewer than 10,000 nor more than 20,000 hours of community service or both.
(b) In addition to any other penalty imposed under the laws of this state or of the United States, any person who shall use or attempt to use any destructive device or explosive to kill or injure any individual, including any public safety officer performing duties as a direct or proximate result of a violation of this subsection, or to destroy any public building shall be imprisoned for not less than 20 nor more than 40 years or fined the greater of the cost of replacing any property that is destroyed or $250,000.00 or both or, if the defendant is a corporation, fined the greater of the cost of replacing any property which is destroyed or $1 million or sentenced to perform not fewer than 20,000 nor more than 40,000 hours of community service or both.
(c) Any other provision of law to the contrary notwithstanding, no part of any sentence imposed pursuant to subsection (a) or (b) of this Code section shall be probated, deferred, suspended, or withheld and no person sentenced pursuant to subsection (a) or (b) of this Code section shall be eligible for early release, leave, work release, earned time, good time, or any other program administered by any agency of the executive or judicial branches of this state which would have the effect of reducing or mitigating such sentence until the defendant has completed the minimum sentence as provided by subsection (a) or (b) of this Code section.

16-7-89. [ Index ]
Each violation of the provisions of this article shall be considered a separate offense.

16-7-90. [ Index ]
It shall be the duty of any person authorized by paragraph (1) or (2) of Code Section 16-7-93 to manufacture, possess, transport, distribute, or use a destructive device, detonator, explosive, or hoax device within the state:
(1) To maintain such records as may be required pursuant to Title 25. Such records may be inspected by the Commissioner or the director or such officersī designees or any law enforcement officer or fire official during normal business hours; and
(2) To report promptly the loss or theft of any destructive device, detonator, explosive, or hoax device to the Georgia Bureau of Investigation.

16-7-91. [ Index ]
The Commissioner or director or such officersī designees or any law enforcement officer or fire official may obtain an inspection warrant as provided in Code Section 25-2-22.1 to conduct a search or inspection of:
(1) Any person licensed pursuant to Title 25 to manufacture, possess, transport, sell, distribute, or use a destructive device or detonator within the state;
(2) Any person licensed pursuant to Chapter 7 of Title 2 to manufacture, possess, transport, sell, or distribute or use pesticides; or
(3) Any property where such pesticide, destructive device, or detonator is manufactured, possessed, transported, distributed, or used.

16-7-92. [ Index ]
In any case where there is reason to believe that a destructive device, detonator, explosive, or hoax device has been manufactured, possessed, transported, distributed, or used in violation of this article or Title 25 or that there has been an attempt or a conspiracy to commit such a violation, the Attorney General, any district attorney, the director, or such persons as may be designated in writing by such officials shall have the same power to compel the attendance of witnesses and the production of evidence before such official in the same manner as the state fire marshal as provided in Code Sections 25-2-27, 25-2-28, and 25-2-29.

16-7-93. [ Index ]
The provisions of Code Sections 16-7-82, 16-7-84, 16-7-85, and 16-7-86 shall not apply to:
(1) Any person authorized to manufacture, possess, transport, distribute, or use a destructive device or detonator pursuant to the laws of the United States, as amended, or pursuant to Title 25 when such person is acting in accordance with such laws and any regulations issued pursuant thereto;
(2) Any person licensed as a blaster by the Commissioner pursuant to Chapter 8 of Title 25, when such blaster is acting in accordance with the laws of the state and any regulations promulgated thereunder and any ordinances and regulations of the political subdivision or authority of the state where blasting operations are being performed;
(3) Fireworks, as defined by Code Section 25-10-1 and any person authorized by the laws of this state and of the United States to manufacture, possess, distribute, transport, store, exhibit, display, or use fireworks;
(4) A law enforcement, fire service, or emergency management agency of this state, any agency or authority of a political subdivision of this state, or the United States and any employee or authorized agent thereof while in performance of official duties and any law enforcement officer, fire official, or emergency management official of the United States or any other state while attending training in this state;
(5) The armed forces of the United States or of this state;
(6) Research or educational programs conducted by or on behalf of a college, university, or secondary school which have been authorized by the chief executive officer of such educational institution or his or her designee and which is conducted in accordance with the laws of the United States and of this state;
(7) The use of explosive materials in medicines and medicinal agents in forms prescribed by the most recent published edition of the official United States Pharmacopoeia or the National Formulary;
(8) Small arms ammunition and reloading components thereof;
(9) Commercially manufactured black powder in quantities not to exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices; or
(10) An explosive which is lawfully possessed in accordance with the rules adopted pursuant to Code Section 16-7-94.

16-7-94. [ Index ]
After consultation with the Commissioner of Agriculture or his or her designee, the Board of Public Safety may except by rule any explosive or quantity of explosive for use in legitimate agricultural activities. A copy of any such rule shall be furnished to the Commissioner of Agriculture.

16-7-95. [ Index ]
(a) All property which is subject to forfeiture pursuant to Code Section 16-13-49 which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or any proceeds derived or realized therefrom shall be considered contraband. Except as provided in subsection (b) of this Code section, such property may be seized and shall be forfeited to the state as provided in Code Section 16-13-49. A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes any of the provisions of subsection (e) of Code Section 16-13-49.
(b) On application of the seizing law enforcement agency, the superior court may authorize the seizing law enforcement agency to destroy or transfer to any agency of this state or of the United States which can safely store or render harmless any destructive device, explosive, poison gas, or detonator which is subject to forfeiture pursuant to this Code section if the court finds that it is impractical or unsafe for the seizing law enforcement agency to store such destructive device, explosive, poison gas, or detonator. Such application may be made at any time after seizure. Any destruction authorized pursuant to this subsection shall be made in the presence of at least one credible witness or shall be recorded on film, videotape, or other electronic imaging method. Any such film, videotape, or other electronic imaging method shall be admissible as evidence in lieu of such destructive device, explosive, poison gas, or detonator. The court may also direct the seizing agency or an agency to which such destructive device, explosive, poison gas, or detonator is transferred to make a report of the destruction, take samples, or both.
(c) The provisions of subsection (b) of this Code section shall not prohibit an explosive ordnance technician, other law enforcement officer, or fire service personnel from taking action which will render safe an explosive, destructive device, poison gas, or detonator or any object which is suspected of being an explosive, destructive device, poison gas, or detonator without the prior approval of a court when such action is intended to protect lives or property.

16-7-96. [ Index ]
(a) Photographs, videotapes, or other identification or analysis of a destructive device, explosive, poison gas, or detonator duly identified by an explosive ordnance disposal technician or a person qualified as a forensic expert in the area of destructive devices shall be admissible in any civil or criminal trial in lieu of the destructive device or detonator.
(b) If a destructive device, explosive, poison gas, or detonator which has been rendered safe is introduced into evidence in any criminal or civil action, it shall be the duty of the clerk of court immediately to photograph the same and to transfer custody of the destructive device or detonator to the director or his or her designee or an explosive ordnance disposal technician.

16-7-97. [ Index ]
The provisions of this article shall not apply to:
(1) Fertilizers, propellant actuated devices, or propellant activated industrial tools manufactured, imported, distributed, or used for their intended purposes; or
(2) A pesticide which is manufactured, stored, transported, distributed, possessed, or used in accordance with Chapter 7 of Title 2, the federal Insecticide, Fungicide, and Rodenticide Act, 61 Stat. 163, as amended, and the federal Environmental Pesticide Control Act of 1972, Pub. L. 92-516, as amended.