Two Men Arrested in Utah After an Incendiary Device Found Under News Vehicle

Stone River Law – Criminal Defense Team

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Search Warrant Leads to Explosives and Hoax WMDs

After the initial discovery, police identified two suspects. Officers served a search warrant at a home in Magna, a city west of Salt Lake City. Inside, they found:

  • Additional explosive materials
  • Firearms
  • Illegal narcotics
  • Two hoax weapons of mass destruction

Authorities have not released the names of the suspects. They also havenโ€™t said whether the media outlet was specifically targeted. The investigation is ongoing.

You can read the original ABC News article here: 2 arrested after incendiary device found under news media vehicle, and update here:Two Men Arrested After Incendiary Device Is Found Under a News Vehicle

Utah Law: Explosives vs. Weapons of Mass Destruction

Utah law treats explosives, incendiary devices, and weapons of mass destruction (WMDs) as separate categories. Each carries its own legal definition and penalty.

What Counts as an Explosive or Incendiary Device?

Under Utah Code ยง76-15-210, explosives and incendiary devices include:

  • Pipe bombs
  • Molotov cocktails
  • Firebombs
  • Devices using flammable liquids or ignition fuses

Even if the device doesnโ€™t explode, possession or use can be a second-degree felony. If someone uses it to commit another crime or causes harm, charges may increase to a first-degree felony.

Possessing Device Parts Is Also Illegal

Utah Code ยง76-15-211 makes it illegal to possess parts intended for building an explosive. That includes things like:

  • Modified timers
  • Chemical containers
  • Prepped explosive materials

Owning or altering parts for use in a device can result in a third-degree felony, even if the device is not completed.

What Is a Weapon of Mass Destruction in Utah?

Utah Code ยง76-15-301 defines a weapon of mass destruction as anything designed to cause mass harm. This includes:

  • Biological agents (like viruses or bacteria)
  • Toxic chemicals or poisons
  • Radioactive or nuclear materials
  • Systems for delivering those agents

Using or possessing a WMD is always a first-degree felony in Utah. Courts can also order offenders to pay for the full cost of emergency response.

Utah Also Prosecutes Hoax WMDs

Even fake WMDs are illegal. Utah Code ยง76-15-301 covers hoax weapons that look like real WMDs. If someone tries to scare the public using a fake WMD, they can face a second-degree felony.

Key Differences Between Explosives and WMDs in Utah Law

Under Utah law, explosives and incendiary devices are treated very differently from weapons of mass destruction (WMDs), both in how they’re defined and how they’re prosecuted.

Explosives, outlined in Utah Code ยง76-15-210 and ยง76-15-211, refer to devices that cause harm through fire, heat, or explosions. These include items like pipe bombs, Molotov cocktails, and firebombs. Even parts intended for use in such devicesโ€”such as altered timers or flammable containersโ€”can lead to felony charges. The key factor with explosives is their localized impact. They’re typically used to damage property or injure individuals in a targeted way. Depending on the context, charges can range from a third-degree felony (for possessing parts) to a first-degree felony (if used during another crime or to cause injury).

In contrast, weapons of mass destruction, defined in Utah Code ยง76-15-301, involve materials designed to cause widespread harm. These can include toxic chemicals, biological agents, radioactive materials, or any system meant to deliver those substances. WMDs aren’t limited to explosionsโ€”they can infect, poison, or contaminate large groups of people or areas. Because of their potential scale and severity, possession or use of a WMD is always classified as a first-degree felony, regardless of whether harm actually occurs.

Utah also distinguishes between real WMDs and hoax weapons. These are fake or simulated devices that appear to be WMDs but are meant to create fear or panic. The law still treats them seriously. Using or displaying a hoax WMD is a second-degree felony, even if thereโ€™s no real threat.

Ultimately, the law distinguishes these offenses based on the scope of danger, type of material, and intended impact. Explosives usually cause immediate, physical damage in a focused area. WMDs, by contrast, represent broader threatsโ€”often delayed, invisible, or capable of affecting large populations. This difference in potential harm is why WMD offenses carry the harshest penalties in Utah’s criminal code.

Why This Matters

This case illustrates how Utah distinguishes between threats based on intent and scale. A single device may carry different charges based on what itโ€™s made to do โ€” and what message it sends.

Even without injuries, the presence of both a working incendiary device and hoax WMDs shows how seriously the state treats public safety threats. As the investigation continues, officials may release more information about the motive and formal charges.

Final Takeaway

Utah law clearly outlines the difference between explosives and weapons of mass destruction. Both are treated as severe crimes, but WMDs โ€” even hoaxes โ€” face the harshest penalties.

In this case, a failed device still led to serious charges. The law focuses not just on what happened, but on what could have happened โ€” and who was put at risk.