CHAPTER 117

AN ACT TO AMEND TITLE 11, DELAWARE CODE, RELATING TO CRIMES, BY IMPOSING CRIMINAL PENALTIES FOR THE MANUFACTURE, TRANSFER, USE, POSSESSION OR TRANPORTATION OF MOLOTOV COCKTAILS OR OTHER EXPLOSIVE DEVICES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 11, Delaware Code, is amended by adding thereto a new section to read :

§360. Molotov cocktails or other explosive devices prohibited

(a) Whoever manufactures, transfers, uses, possesses or transports any Molotov Cocktail or any other device, instrument or object designed to explode or produce uncontained combustion with intent to cause bodily or physical harm shall be guilty of a felony and shall be imprisoned for not less than 3 years nor more than 10 years.

(b) Any person over 16 years old who violates the provisions of this section shall be prosecuted as an adult.

(c) In any prosecution under this section, it is prima facie evidence of intent to cause bodily or physical harm if the accused had possession of the device prescribed by this section in a public place.

Approved August 4, 1967.