Virginia statute

Va. Code Ann. § 18.2-85 — Manufacture, possession, use, etc., of fire bombs or explosive materials or devices; penalties

Current through 2026 Regular Session

Part of Article 1: Arson and Related Crimes, Code of Virginia.

Criminal charges under this statute

Manufacture, possession, use, etc., of fire bombs or explosive materials or devices

Full text of Va. Code Ann. § 18.2-85

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-85Primary source, current through the 2026 Regular Session

For the purpose of this section: "Device" means any instrument, apparatus or contrivance, including its component parts, that is capable of producing or intended to produce an explosion but shall not include fireworks as defined in § 27-95 . "Explosive material" means any chemical compound, mechanical mixture or device that is commonly used or can be used for the purpose of producing an explosion and which contains any oxidizing and combustive agents or other ingredients in such proportions, quantities or packaging that an ignition by fire, friction, concussion, percussion, detonation or by any part of the compound or mixture may cause a sudden generation of highly heated gases. These materials include, but are not limited to, gunpowder, powders for blasting, high explosives, blasting materials, fuses (other than electric circuit breakers), detonators, and other detonating agents and smokeless powder. "Fire bomb" means any container of a flammable material such as gasoline, kerosene, fuel oil, or other chemical compound, having a wick composed of any material or a device or other substance which, if set or ignited, is capable of igniting such flammable material or chemical compound but does not include a similar device commercially manufactured and used solely for the purpose of illumination or cooking. "Hoax explosive device" means any device which by its design, construction, content or characteristics appears to be or to contain a bomb or other destructive device or explosive but which is an imitation of any such device or explosive. Any person who (i) possesses materials with which fire bombs or explosive materials or devices can be made with the intent to manufacture fire bombs or explosive materials or devices or, (ii) manufactures, transports, distributes, possesses or uses a fire bomb or explosive materials or devices shall be guilty of a Class 5 felony. Any person who constructs, uses, places, sends, or causes to be sent any hoax explosive device so as to intentionally cause another person to believe that such device is a bomb or explosive shall be guilty of a Class 6 felony. Nothing in this section shall prohibit the authorized manufacture, transportation, distribution, use or possession of any material, substance, or device by a member of the armed forces of the United States, fire fighters or law-enforcement officers, nor shall it prohibit the manufacture, transportation, distribution, use or possession of any material, substance or device to be used solely for scientific research, educational purposes or for any lawful purpose, subject to the provisions of §§ 27-97 and 27-97.2 .

Official sources

Official section text (law.lis.virginia.gov)

Legal terms used in this section

Manufacture

Questions this section answers

Is manufacture, possession, use, etc., of fire bombs or explosive materials or devices a felony or a misdemeanor in Virginia?

It depends on the circumstances: manufacture, possession, use, etc., of fire bombs or explosive materials or devices ranges from a class 6 felony to a class 5 felony in Virginia under Va. Code Ann. § 18.2-85.

Possession, manufacture, transport, distribution, or use of fire bombs or explosive materials or devices: class 5 felony (Va. Code Ann. § 18.2-85) · Hoax explosive device: class 6 felony (Va. Code Ann. § 18.2-85)

Which Virginia statute covers manufacture, possession, use, etc., of fire bombs or explosive materials or devices?

Manufacture, possession, use, etc., of fire bombs or explosive materials or devices is governed by Va. Code Ann. § 18.2-85 (Manufacture, possession, use, etc., of fire bombs or explosive materials or devices; penalties).

This reference is informational and is not legal advice.