Dangerous use of explosives consists of maliciously exploding, attempting to explode or placing any explosive with the intent to injure, intimidate or terrify another, or to damage another's property. Whoever commits dangerous use of explosives is guilty of a third degree felony. History: 1953 Comp., § 40A-7-4, enacted by Laws 1963, ch. 303, § 7-4. Lesser included offense. — Under the facts of this case, the aggravated burglary offense could not be committed without also committing the crime of dangerous use of explosives; the explosives offense does not have an element not included in the burglary offense. The explosives offense was an offense included within the aggravated burglary offense. State v. Jacobs , 1985-NMCA-054, 102 N.M. 801, 701 P.2d 400. Merger with crime of arson. — The crime of dangerous use of explosives merges into a conviction for arson. State v. Rodriguez , 1992-NMCA-035, 113 N.M. 767, 833 P.2d 244, cert. denied, 113 N.M. 636, 830 P.2d 553. Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Explosions and Explosives §§ 221 to 225. 35 C.J.S. Explosives §§ 12, 13.
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