1. A person who: (a) Uses an explosive to commit any felony; or (b) Carries an explosive unlawfully during the commission of any felony, is guilty of a separate felony unless the use of an explosive is a necessary element of the other crime. 2. A person who commits the offense described in subsection 1 is guilty of a category B felony and shall be punished: (a) For the first offense, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000. (b) For the second or any subsequent offense, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.
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