A Simulated Explosive Device (SED) is a “Prohibited
Weapons” under Arizona Law ARS § 13-3101.
Misconduct with a Prohibited Weapon such as SED is a
Class 5 felony. Knowing and intentional assault to a person
resulting from an SED is a Class 4 felony. All felony offenses in Arizona are
serious, and carry prison time. Here is a closer look at the
definitions, laws, and sentencing resulting from these offenses.
ARS § 13-3101 (8) (a)(i)(vi)(vii)(viii)(ix): Prohibited Weapons:
Simulated explosives are considered Prohibited Weapons and include (list not all inclusive:
• Improvised explosive devices (IEDs);
• Bombs; grenades, Propellant charged rockets with charges of more than 4 ounces Explosive mine; or other poisonous or incendiary gas;
• Breakable container containing flammable liquids or gases that flash at 150 degrees
• Chemical or combination of chemicals, compounds or materials, that generate gas causing rupture or bursting of a container;
• Any combination of materials designed with the purpose of making any of the items listed above.
Prohibited Weapons Classifications and Sentencing:
ARS § 13-3102. A. (3) Misconduct with Prohibited Weapons:
Simulated explosives are considered “prohibited weapons”. A person may be guilty of Prohibited Weapons charges if they manufacture, possess, transport, sell; or transfer a “prohibited weapon”.
A person guilty of assault by a Prohibited Weapon is a class 4 felony
And Misconduct with a Prohibited Weapon. Under A.R.S. § 13 -702 Prison Sentencing for
Sentencing for Misconduct with a “Prohibited Weapon”
• 0.1.5 Years Minimum to 3.0 Maximum
• 0. 1 Year Minimum Mitigated to 3.75 Years Maximum Aggravated
Simulated Explosive Devices
ARS § 13-3101. A (3) Explosives Include (in part):
• Black powder;
• Plastic explosives;
• Materials used with the intent of making explosives
ARS § 13 – 3110. (A) (B) Misconduct involving simulated explosives:
A person may be guilty of Misconduct involving explosives if with the knowledge and intent to intimidate, threaten, harass or terrify another person if they :
• Send or place a simulated explosive device in a public or private place; or
• Display, place or send the simulated explosive in a conspicuous location for collectible, curio, or show purposes without proper labeling; clear and immediate warning, or written notice of its hazard or danger
Simulated Explosive Offenses Classification and Penalties
Misconduct involving simulated explosive devices is a class 5 felony, whether or not injury or. Harm Under A.R.S. § 13 -702 Prison Sentencing for Convictions for Misconduct with simulated explosives may result in:
• 0.75 Years Minimum to 2.0 Maximum
• 0.5 Years Minimum Mitigated to 2.5 Maximum Aggravated
Criminal Defense Attorney for Prohibited Weapons Charges Phoenix AZ
If you have been arrested or charged with possession, use, misconduct or assault with a Prohibited Weapon, you should contact a criminal defense attorney to discuss your matter. You will need to strong legal representation to protect your rights, defend your charges, and help you avoid conviction and prison terms.
Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Mesa, Chandler, Scottsdale, Phoenix, Gilbert AZ.