(a) A person commits the crime of unlawful manufacture of a destructive device or bacteriological or biological weapon in the first degree if he or she violates Section 13A-10-193.1 and two or more of the following conditions occur in conjunction with that violation: (1) Use of a booby trap or manufacture of a booby trap. (2) Illegal possession, transportation, or disposal of hazardous or dangerous materials or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment. (3) A clandestine laboratory operation was to take place, or did take place, within 500 feet of a residence, place of business, church, or school. (4) A clandestine laboratory operation actually produced any amount of a specified destructive device or bacteriological or biological weapon. (5) A person under the age of 17 was present during the manufacturing process. (b) Unlawful manufacture of a destructive device or bacteriological or biological weapon in the first degree is a Class A felony.
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