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Criminal Jury Instructions

Criminal Jury Instructions Home

8.2-31  Manufacture of Bombs -- § 53-80a

Revised to December 1, 2007

The defendant is charged [in count __] with the manufacture of bombs.  The statute defining this offense reads in pertinent part as follows: 

any person, other than one engaged in the manufacture of firearms or explosives or incendiary devices for lawful purposes, who fabricates in any manner, any type of an explosive, incendiary or other device designed to be dropped, hurled or set in place to be exploded by a timing device, shall be guilty.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Fabricated incendiary device
The first element is that the defendant fabricated an explosive, incendiary or other device designed to be dropped, hurled, or set in place to be exploded by a timing device.  The term “explosive or incendiary device” means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade, missile or similar device, and (C) any incendiary bomb or grenade, fire bomb or similar device, including any device which (i) consists of or includes a breakable container which contains a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (ii) can be carried or thrown by an individual.

Element 2 - No lawful purpose
The second element is that the defendant was not engaged in the manufacture of the device for lawful purposes.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant fabricated <insert type of device alleged>, and 2) that (he/she) was not engaged in the lawful manufacture of such devices.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the manufacture of bombs, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
 


 

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