Incendiary Device 720 ILCS 5/20-2(a)

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Understanding Incendiary Devices and Illinois Law 720 ILCS 5/20-2(a)

In Illinois, the possession of explosives or incendiary devices is illegal under 720 ILCS 5/20-2(a). This law makes it a Class 1 felony to possess, manufacture, sell, or deliver these kinds of devices. But what exactly are incendiary devices? And what should Illinois residents know about the specifics of this law? This article will provide an overview of incendiary devices, explain 720 ILCS 5/20-2(a), and discuss its implications.

What are Incendiary Devices?

Incendiary devices are weapons designed to start fires. They contain chemicals such as napalm, thermite, or white phosphorus that ignite when exposed to air. These devices are also sometimes called firebombs or Molotov cocktails.

Incendiary devices have been used as weapons in armed conflicts throughout history. Modern incendiary weapons include flamethrowers as well as bombs and grenades designed to set large areas ablaze.

Some common types of incendiary devices include:

Molotov cocktails – Glass bottles filled with flammable liquid and fitted with a burning wick. The wick is lit before the bottle is thrown, breaking on impact and spreading fire.
Flamethrowers – Portable devices that project ignited flammable liquid. They can spray fire up to tens of meters.
Thermite grenades or bombs – Contain thermite, a powdered mixture of metal and metal oxide that creates intense heat when ignited. Thermite incendiaries can burn through metal.
White phosphorus munitions – Phosphorus burns spontaneously when exposed to air. It is used in grenades, mortar and artillery shells to create smoke screens and burning effects.

While incendiary weapons have been used in warfare, they are largely prohibited for civilian use under international law. They are extremely dangerous and indiscriminate when used among civilian populations.

Overview of 720 ILCS 5/20-2(a)

720 ILCS 5/20-2(a) is part of the Illinois Compiled Statutes that deals with criminal offenses. This specific provision bans the possession, manufacture, transportation, and use of explosives and incendiary devices:

“A person commits possession of explosives or explosive or incendiary devices in violation of this Section when he or she possesses, manufactures or transports any explosive compound, timing or detonating device for use with any explosive compound or incendiary device and either intends to use such explosive or device to commit any offense or knows that another intends to use such explosive or device to commit a felony.”

This statute makes possession or manufacture of these materials a Class 1 felony. This is the most serious class of felony in Illinois, with sentences ranging from 4 to 15 years in prison. The law also states that possession of these devices with intent to commit any offense is banned. This means that someone does not need to intend to commit a specific crime, just having the device while intending to break the law in any way is prohibited.

Some key points about 720 ILCS 5/20-2(a):

It applies to explosive compounds, detonators, timing devices, and incendiary devices.
Possessing, making, transporting, or delivering these devices is illegal.
Merely intending to use the device to commit any criminal offense is enough to violate the law. No specific crime needs to be planned.
Giving or selling such a device to someone who intends to commit a felony with it is also banned.
Violations are a Class 1 felony with severe penalties.

This statute is mainly intended to limit access to dangerous explosives and firebombs that could be used for arson, bombings, or terrorist activities. The broad ban on possession reflects how seriously Illinois takes these threats to public safety.

Legal Definitions and Scope

720 ILCS 5/20-2(a) provides some important legal definitions that specify what materials and activities are prohibited:

Explosive compound – This includes gunpowders, powders used for blasting, high explosives, and other compounds that contain combustible elements or other ingredients in such proportions that ignition causes an explosion.
Detonator – This means any device containing an initiating or primary explosive that can start a detonation wave in another explosive material. It includes electric blasting caps, detonating cord delay connectors, and non-electric instantaneous or delay blasting caps.
Incendiary device – Any device designed to ignite by hand, chemical reaction, timer, or remote control and intended to set fire to property or cause burn injuries. This includes gasoline or petroleum-soaked materials, flammable liquids, and accelerants.
Manufacture – Making, altering, or illegally obtaining explosive or incendiary materials. Includes mixing, assembling, modifying, refining, and illegally acquiring the devices or components.
Transport – Carrying or moving the devices from one location to another by any means.

The law prohibits possessing the materials for any unlawful purpose. This includes making, carrying, or using the devices for criminal activities like arson, assault, intimidation, or terrorism.

Even possessing the materials without a specific criminal goal still violates the statute if there is no legitimate purpose like mining, construction, or firearms use.

Exceptions and Legal Uses

Like most laws, 720 ILCS 5/20-2(a) does contain some exceptions where possession of explosive or incendiary devices is legal:

Authorized use – Possession is allowed if sanctioned by federal or state laws and done in accordance with regulations. This includes legitimate military, law enforcement, and other approved uses.
Lawful business activities – Manufacturing, transporting, storing, or using explosive materials is permitted in the normal course of business like mining, demolition, firearms, fireworks, and special effects. Regulatory requirements, licenses, storage rules, etc. apply in these cases.
Lawful personal use – Individuals may possess small quantities of some materials like black powder for antique firearms, reloading ammunition, model rocketry, or similar hobby applications.

Despite these exceptions, the general public cannot legally make or possess homemade incendiary devices like Molotov cocktails or thermite bombs. Even if not used to commit a crime, these materials are simply too hazardous for unregulated personal uses.

Penalties

Given the risks uncontrolled explosives and incendiaries pose to public safety, violations of 720 ILCS 5/20-2(a) are punished severely under Illinois law.

As noted, possession is a Class 1 felony. This can result in:

A prison sentence of 4 to 15 years
Fines up to $25,000
Extended supervision periods after release

Manufacturing or transporting devices can be punished even more harshly as a Class X felony.

Other factors like prior criminal history, use of weapons, or intent to harm can add sentencing enhancements. For example, possession with intent to commit terrorism can potentially be punished with life imprisonment.

Probation or early release is very unlikely given the seriousness of these offenses. Violators often face years behind bars along with lifelong criminal records and restrictions on future rights.

Fireworks and Other Exemptions

Given the broad definitions of explosives and incendiaries, Illinois’ law does clarify that common fireworks and safety flares are exempt from 720 ILCS 5/20-2(a).Consumer fireworks like sparklers, fountains, smoke bombs, and crackers are legal to buy and possess under Illinois’ fireworks laws. However, municipalities can impose local restrictions, permits, or bans especially on aerial fireworks.

Flammable liquids, chemicals, fuels, and matches are also not prohibited by themselves. Their possession only becomes illegal under 720 ILCS 5/20-2(a) when combined with criminal intent or use in a prohibited incendiary device.

Controversies and Criticisms

720 ILCS 5/20-2(a) is intended to enhance public safety by keeping dangerous explosives out of the hands of criminals. However, some groups have criticized the broad scope and harsh penalties of this law:

Overcriminalization – Critics argue the law sweeps up too many materials that could have legitimate uses. They say it criminalizes mere possession without requiring harmful intent.
Right to bear arms – Some gun rights advocates say it infringes on the right to bear arms by limiting access to ammunition components like black powder and reloading supplies.
First Amendment issues – Banning instructional material on making explosives implicates free speech protections, according to some legal scholars.
Disproportionate impact – The severe Class 1 felony charge may disproportionately affect youthful offenders just experimenting with firecrackers and homemade pyrotechnics.
Lack of exemptions – Critics say the law should exempt possession of small personal-use quantities of materials that present little risk to the public.

Despite these complaints, Illinois courts have consistently upheld the constitutionality and validity of 720 ILCS 5/20-2(a). Lawmakers contend the dangers of misuse outweigh critics’ concerns.

Bottom Line on 720 ILCS 5/20-2(a)

In summary, 720 ILCS 5/20-2(a) strictly prohibits the possession, manufacture, transport, distribution, and use of explosive or incendiary devices in Illinois. With only limited exceptions, the general public cannot legally make or own materials like dynamite, Molotov cocktails, grenades, or other dangerous incendiaries without facing felony criminal charges.

This law reflects the legitimate public safety purpose of keeping explosives and firebombs out of the hands of arsonists, terrorists, and others who would use them criminally. While critics complain it is overbroad, courts have found it to be a reasonable restriction.

Illinois residents should understand that homemade explosives and incendiaries are expressly forbidden. With the exception of lawful uses like construction, demolition and firearms activity, these materials are simply too hazardous for unregulated possession.