Understanding Legal Risks of Possessing Incendiary Devices
Hello, I’m Oklahoma City felony defense attorney Dillan Savage with Wirth Law Office, and I practice primarily in the Oklahoma City, Oklahoma area.
Today, we’re going to be talking about the illegal possession of incendiary devices. Now, to avoid confusion, we’re not discussing whether the incendiary device itself is illegal. Rather, it’s the possession of such a device when you have the intent to use it illegally that creates the criminal liability.
Defining Incendiary Devices Under Oklahoma Law
According to Oklahoma law, specifically Title 2, Section 16-34, an incendiary device is defined as something like a slow match or a device that’s been designed to cause a delayed ignition of a match, matches, or other flammable materials. While the statute gives specific examples, it is not limited to those. The key factor is the device’s intended use.
If you are found in possession of one of these devices with the intent to start a fire—whether that’s in a forest, on grassland, or on other property you don’t own—you can be charged with a felony. That’s because the act is essentially arson, and Oklahoma law treats it seriously.
Consequences of Illegal Possession
The penalty for this felony includes a fine of up to $1,000, imprisonment for up to three years, or both. So yes, you could end up with a felony record, jail time, and a financial penalty—all for carrying an incendiary device with the intent to cause damage.
Bottom line: if you’re carrying anything that could be used to start a fire—especially on land that’s not yours—and you’re doing so with destructive intent, you’re risking a serious felony charge.
Get Expert Legal Help Today
If you found this video helpful, or think it could help someone else, please visit TheOklahomaCityAttorney.com. My name is Dillan Savage, and I’m the Oklahoma City criminal defense attorney with Wirth Law Office. Thank you for watching.
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