Title 16, Chapter 7, Section 88
( 16-7-88)
(a) Any person who possesses, transports, or receives or attempts to
possess, transport, or receive any destructive device or explosive
with the knowledge or intent that it will be used to kill, injure,
or intimidate any individual or to destroy any public building shall
be punished by imprisonment for not less than ten nor more than 20
years or by a fine of not more than $125,000.00 or both or, if the
defendant is a corporation, by a fine of not less than $125,000.00
nor more than $200,000.00 or sentenced to perform not fewer than
10,000 nor more than 20,000 hours of community service or both. (b) In addition to any other penalty imposed under the laws of this
state or of the United States, any person who shall use or attempt
to use any destructive device or explosive to kill or injure any
individual, including any public safety officer performing duties as
a direct or proximate result of a violation of this subsection, or
to destroy any public building shall be imprisoned for not less than
20 nor more than 40 years or fined the greater of the cost of
replacing any property that is destroyed or $250,000.00 or both or,
if the defendant is a corporation, fined the greater of the cost of
replacing any property which is destroyed or $1 million or sentenced
to perform not fewer than 20,000 nor more than 40,000 hours of
community service or both. (c) Any other provision of law to the contrary notwithstanding, no
part of any sentence imposed pursuant to subsection (a) or (b) of
this Code section shall be probated, deferred, suspended, or
withheld and no person sentenced pursuant to subsection (a) or (b)
of this Code section shall be eligible for early release, leave,
work release, earned time, good time, or any other program
administered by any agency of the executive or judicial branches of
this state which would have the effect of reducing or mitigating
such sentence until the defendant has completed the minimum sentence
as provided by subsection (a) or (b) of this Code section. |