Massachusetts § 102 - Possession or control of incendiary device or material; possession of hoax device or material; penalty

§ 102. Possession or control of incendiary device or material; possession of hoax device or material; penalty

Section 102. (a) Whoever, without lawful authority, has in his possession or under his control:

(i) any substance, material, article, explosive or ingredient which, alone or in combination, could be used to make a destructive or incendiary device or substance and who intends to make a destructive or incendiary device or substance; or

(ii) any substance, material, article, explosive or ingredient which, alone or in combination, could be used to make a chemical, biological or nuclear weapon and who intends to make a chemical, biological or nuclear weapon, shall be punished by imprisonment in the house of correction for not more than 2 and one-half years or in state prison for not less than 5 years nor more than 10 years or by a fine of not more than $25,000, or by both such fine and imprisonment. It shall not be a defense to a violation of this subsection that the defendant did not possess or have under his control every substance, material, article, explosive or ingredient, or combination thereof, required to make a complete and functional destructive or incendiary device or substance or chemical, biological or nuclear weapon.

(b) Whoever, without lawful authority, has in his possession or uses or places, or causes another to knowingly or unknowingly possess, use or place, any hoax explosive, hoax destructive or incendiary device or substance or any hoax chemical, biological or nuclear weapon, with the intent that such hoax explosive, device or substance or weapon be used to cause anxiety, unrest, fear or personal discomfort to any person or group of persons, shall be punished by imprisonment in the house of correction for not more than 2 and one-half years or by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment.

(c) Whoever, without lawful authority, has in his possession or under his control any explosive or any destructive or incendiary device or substance shall be punished by imprisonment for not more than 2 and one-half years in the house of correction or for not less than 10 years nor more than 20 years in the state prison or by a fine of not more than $25,000, or by both such fine and imprisonment.