A Minnesota Criminal Defense Attorney Explains What a § 609.668 Accusation Means for Your Future
The words themselves—explosive device, incendiary device—are terrifying. They conjure images of destruction and chaos, and now, they are being used against you. You didn’t plan to end up here, but now you’re facing one of the most serious charges in Minnesota law: a violation of Minnesota Statute § 609.668. The weight of this accusation is immense, and you are likely overwhelmed with fear, confusion, and a sense of dread about what comes next. Perhaps the entire situation is a misunderstanding. Maybe the object in question was a modified firework, a science experiment, or a collector’s item that you never intended to be a weapon. Law enforcement and prosecutors often see these cases in black and white, failing to appreciate the nuances of intent, context, and the complex legal definitions at play. You are right to be worried. A conviction could mean years or even decades in prison, crippling fines, and a permanent felony record that will follow you for the rest of your life. But this is not the time to give up hope. An accusation is not a conviction. You have the right to a powerful defense. I am a Minnesota criminal defense lawyer who has stood with clients across this state, from Minneapolis and St. Paul to Rochester, Duluth, and St. Cloud. I understand the gravity of your situation and the aggressive tactics prosecutors will use. You do not have to face this alone. I am here to dissect the state’s case and fight for your freedom.
What “Explosive or Incendiary Device” Actually Means in Minnesota
When you are facing a charge under § 609.668, the prosecution is accusing you of possessing, manufacturing, or otherwise dealing with a highly dangerous item. The legal definitions are broad and can sometimes sweep in objects that you might not consider a “bomb.” An “explosive device” in Minnesota isn’t just a grenade or dynamite; the law defines it as any device where a chemical reaction or detonation can cause a sudden release of gas capable of producing “destructive effects.” This can include things like pipe bombs, certain rockets, or even fireworks that have been modified from their original purpose.
An “incendiary device” is defined slightly differently. Its primary destructive effect comes from fire and combustion, not an explosion. Think of a Molotov cocktail. The law is careful to exclude common items like lighters, matches, or flares when used for their intended purpose. However, if these common items are repurposed with the intent to cause destruction, they can fall under the statute. Facing a Minnesota explosive device accusation means the state believes you had an item capable of immense harm, and understanding these specific definitions is the first step in challenging the charge.
Minnesota Law on Explosive and Incendiary Devices — Straight from the Statute
The legal framework for the charge you are up against is detailed in Minnesota Statute § 609.668. This is the law that the prosecution will use to try and convict you. Reading the exact language is crucial, as it lays out the definitions, prohibitions, and penalties that will be central to your case.
Here is the exact language of the relevant portions of the statute:
609.668 EXPLOSIVE AND INCENDIARY DEVICES.
Subdivision 1.Definitions. For purposes of this section, the following terms have the meanings given them.
(a) “Explosive device” means a device so articulated that an ignition by fire, friction, concussion, chemical reaction, or detonation of any part of the device may cause such sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects…
(b) “Incendiary device” means a device so articulated that an ignition by fire, friction, concussion, detonation, or other method may produce destructive effects primarily through combustion rather than explosion…
Subd. 6.Acts prohibited; penalties. (a) Except as otherwise provided in this section, whoever possesses, manufactures, transports, or stores an explosive device or incendiary device in violation of this section may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
(b) Whoever legally possesses, manufactures, transports, or stores an explosive device or incendiary device, with intent to use the device to damage property or cause injury, may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
(c) Whoever, acting with gross disregard for human life or property, negligently causes an explosive device or incendiary device to be discharged, may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both.
Breaking Down the Legal Elements of an Explosive Device Crime in Minnesota
For the state to convict you of an offense under § 609.668, they must prove specific elements beyond a reasonable doubt. My job is to deconstruct their case and show where their proof fails. A single unproven element means they cannot win a conviction. We will challenge them on the definition of the device, your status as a possessor, and your alleged intent.
- The Nature of the Device: First and foremost, the prosecution must prove that the object in question legally qualifies as an “explosive device” or “incendiary device.” This is not always straightforward. An object’s potential for destruction, its chemical composition, and its design are all at issue. We will scrutinize the state’s analysis of the device. Was it truly capable of producing the destructive effects described in the statute, or is the prosecution exaggerating its capabilities? Was it a legally purchased firework that was not modified? This element is a critical battleground.
- The Prohibited Act: The statute outlaws several actions: possessing, manufacturing, transporting, or storing these devices. The prosecutor must prove you knowingly engaged in one of these specific acts. For possession, they must show you exercised “dominion and control” over the device. Were you aware of its presence? Was it actually yours, or did it belong to someone else? For manufacturing, they need to prove you were actively involved in creating the device. We will challenge the evidence linking you directly to the prohibited act.
- Your Status as a Prohibited Person (for some charges): Subdivision 2 of the statute specifically prohibits certain individuals from possessing these devices at all, including those under 18, those convicted of a crime of violence, or those with certain mental health histories. If you are charged under this subdivision, the state must prove your prohibited status. We will verify the accuracy of their records and challenge any outdated or incorrect information that they are using to classify you as a prohibited person.
- Criminal Intent or Negligence (for specific offenses): For some of the most serious charges under this statute, the prosecution must prove a specific mental state. For example, to be convicted under subdivision 6(b), they must prove you possessed the device with the intent to damage property or cause injury. Under 6(c), they must prove you acted with gross disregard for human life. We will aggressively challenge any evidence of your alleged intent, arguing that possession alone does not prove a criminal purpose.
Penalties for an Explosive Device Conviction in Minnesota Can Be Severe
The consequences of a conviction under Minnesota Statute § 609.668 are life-altering. These offenses are treated with extreme seriousness by prosecutors and judges, and a conviction will almost certainly result in a felony record. The specific penalties depend on the details of the alleged conduct, but all paths lead to severe repercussions. You need to understand the full scope of what you are facing to appreciate the importance of a strategic defense.
Felony Penalties
Nearly all offenses under this statute are felonies. The penalties vary based on the specific subsection you are charged under:
- Illegal Possession, Manufacturing, Transport, or Storage: If you are a prohibited person or otherwise violate the statute by simply possessing, making, or moving an explosive or incendiary device, you face a felony sentence of up to 10 years in prison and/or a fine of up to $20,000.
- Possession with Intent to Use: If the prosecution can prove you possessed a device with the intent to use it to injure someone or damage property, you face a felony sentence of up to 10 years in prison and/or a fine of up to $20,000.
- Negligent Discharge: If you are accused of acting with gross disregard for human life and negligently causing a device to discharge, the penalties are even more severe. This felony carries a potential sentence of up to 20 years in prison and/or a staggering fine of up to $100,000.
These Minnesota sentencing guidelines for explosive devices underscore the gravity of the charges and the critical need for an aggressive defense.
What an Explosive Device Charge Looks Like in Real Life — Common Scenarios in Minnesota
These charges don’t just happen in movies; they arise from real situations, often involving misjudgment, curiosity, or circumstances that spiral out of control. Understanding how these accusations play out in communities across Minnesota can help you see how your own situation fits into the legal landscape.
The Modified Fireworks in a Maple Grove Garage
You and your friends buy a large box of powerful fireworks for the Fourth of July. In your Maple Grove garage, you start taking them apart and combining the powder into a single, larger container, curious to see if you can make a bigger explosion. A neighbor sees what you’re doing, becomes alarmed, and calls the police. You had no intention of hurting anyone, but under Minnesota law, you could be charged with manufacturing an explosive device because you modified fireworks “for other than their intended purpose.”
The Collector’s Item in a Duluth Home
You are a history enthusiast who collects military memorabilia. You purchase what you believe to be a deactivated, inert grenade from World War II at a flea market. You display it in your Duluth home as a collector’s item. During an unrelated police visit, an officer sees the grenade and, fearing it may be live, evacuates the area and calls the bomb squad. Even if the device is ultimately found to be inert, you could face serious charges for possessing a potential explosive device until its status as a collector’s item is legally verified, a process that requires reporting to the Department of Public Safety.
The Dry Ice Bomb in a Bloomington Park
As a prank, a group of teenagers in Bloomington puts dry ice and water into a plastic soda bottle and leaves it in a park to watch it explode. They see it as a harmless bit of fun. However, because this chemical reaction produces gas capable of bursting its container and producing destructive effects, police can charge them with possessing or even manufacturing an explosive device. The “prank” suddenly becomes a felony-level offense with life-altering consequences.
The Protest Materials in Minneapolis
During a heated protest in downtown Minneapolis, you are arrested. In your backpack, police find bottles, rags, and a container of gasoline. You claim they are for your stalled vehicle parked several blocks away. The prosecution, however, argues that these items are the components for Molotov cocktails and charges you with possession of an incendiary device with intent to use. Your entire future now rests on convincing a jury that you had no criminal intent.
Legal Defenses That Might Work Against Your Explosive Device Charge
When you are facing a charge as serious as this, it can feel like the entire system is against you. But you are not without a defense. The prosecution carries the heavy burden of proving every single element of their case beyond a reasonable doubt. My job is to attack their case from every angle, exposing weaknesses, challenging evidence, and presenting a compelling counter-narrative that protects your freedom.
I will conduct a thorough and independent investigation into your case. This means not just taking the police reports at face value, but digging deeper. We will examine the chain of custody of the alleged device, challenge the lab reports that identify it as explosive or incendiary, and interview any witnesses who can shed light on your true intentions or the actual nature of the item. We will explore every possible defense to fight your explosive device charges in Minnesota.
The Device Doesn’t Meet the Legal Definition
A primary line of defense is to argue that the object in question does not legally qualify as an explosive or incendiary device under the strict definitions in § 609.668. The state’s case hinges on this classification, and if we can create reasonable doubt, the charges cannot stand.
- Not Capable of Destructive Effects: We may hire our own forensic examiner to analyze the device and testify that it was not capable of producing the “destructive effects” required by the statute. For example, a device might make a loud noise but lack the power to burst its container or cause any real damage.
- Common Use Exception: For incendiary devices, the law explicitly excludes items in common use for a lawful purpose, like lighters or flares. If you were arrested with such an item, we will argue that you possessed it for its intended, lawful purpose and not as a weapon.
- Unmodified Consumer Product: The statute often applies to “fireworks modified for other than their intended purpose.” If the item was a standard, commercially available firework that had not been tampered with or altered, we will argue that it does not fall under the statute’s prohibitions, even if it was a powerful one.
You Did Not Legally “Possess” the Device
The state must prove that you knowingly had control over the device. Possession is more than just being near an object. If we can show that you were unaware of the device or that it belonged to someone else, the charge against you may fail.
- Lack of Knowledge: Perhaps the device was in a car you just borrowed, or in a bag that a friend left in your apartment in St. Cloud. If you can credibly claim you had no idea the item was there, the element of knowing possession is not met.
- Constructive Possession Issues: Often, prosecutors use a theory of “constructive possession” when the device isn’t found on your person. To do this, they must prove you had control over the area where it was found. We can challenge this by showing that others had equal access to that location, making it impossible to prove you were the one in control of the item.
Challenging a “Prohibited Person” Status
If you are charged under the provision banning certain people from possessing these devices, we will rigorously examine the basis for that classification. The state’s records are not always accurate.
- Outdated Convictions: The prohibition for a crime of violence may no longer apply if ten years have passed since your rights were restored or your sentence expired. We will verify these dates to ensure the prohibition is still legally in effect.
- Incorrect Medical or Treatment Records: If the state is claiming you are prohibited due to a past mental health commitment or chemical dependency treatment, we will investigate the accuracy of those records and determine if you have met the legal requirements for having your rights restored, such as obtaining a certificate from a doctor.
Lack of Criminal Intent
For charges that require the state to prove you intended to use the device to cause harm, your mental state is the entire case. Possession of a potentially dangerous item does not automatically mean you had a dangerous purpose.
- Harmless Curiosity or Experimentation: You may have been building the device out of scientific curiosity or a misguided sense of adventure, with no plan to ever hurt anyone or damage property. While potentially reckless, this is not the same as the specific intent to cause injury required for a conviction under subdivision 6(b).
- Innocent Collection or Storage: If the item was a military relic or a historical artifact, we can argue your intent was for collection and display, not for use as a weapon. Showing that you treated it as a collector’s item can powerfully rebut the prosecution’s claims of criminal intent.
- Self-Defense Preparation: In some very specific and rare circumstances, you might be able to argue that you were preparing a device for self-defense against a credible and imminent threat. This is a complex and difficult defense, but one that may be explored in the right factual scenario.
Minnesota Explosive Device FAQs — What You Need to Know Now
Will I definitely go to prison if convicted of an explosive device charge in Minnesota?
A conviction for a felony of this magnitude carries a high likelihood of a prison sentence. The Minnesota Sentencing Guidelines will recommend a period of incarceration based on the severity of the offense and your criminal history. However, it is not always mandatory. My job as your attorney is to fight for alternatives, such as a downward departure from the guidelines, probation, or a reduced charge that avoids prison time entirely.
Can an explosive device charge be dismissed?
Yes, dismissal is always the primary goal. A case can be dismissed if we can show that the evidence is insufficient, that the police violated your constitutional rights during the search or arrest, or that the object in question simply does not meet the legal definition of an explosive or incendiary device. Early and aggressive intervention can significantly increase the chances of a dismissal.
Do I need a lawyer for a charge like this in Minneapolis?
Absolutely and immediately. These are not charges you can handle on your own. You are facing experienced prosecutors in Hennepin County who will use every resource to secure a conviction. You need a defense attorney who knows the local court system, the prosecutors, and the judges, and who has the experience to handle a case of this complexity and severity.
How does a felony explosive device conviction stay on my record in Minnesota?
A felony conviction is a permanent part of your public criminal record in Minnesota unless it is expunged. Expungement is a separate and often difficult legal process that is not available for all offenses and may only be possible many years after your sentence is complete. The best approach is to fight the charge now to avoid having a permanent felony conviction stain your record.
What if the device didn’t actually go off?
It makes no difference. The law punishes the possession, manufacturing, or intent to use the device, regardless of whether it was ever detonated or caused any harm. The crime is in the creation of the potential for destruction. The fact that no one was hurt can be a mitigating factor at sentencing, but it is not a defense to the charge itself.
I was just curious, I wasn’t trying to hurt anyone. Is that a defense?
Your intent is a critical part of the case. While “I was just curious” might not be a complete legal defense to a simple possession charge, it can be a powerful defense against a charge that requires proof of intent to cause injury or damage. We would work to show that your actions, while perhaps misguided, were not motivated by malice, which could lead to a reduction or dismissal of the most serious charges.
What is the difference between an explosive and an incendiary device?
An explosive device, like a bomb, causes destruction through a high-pressure blast of gas. An incendiary device, like a Molotov cocktail, causes destruction primarily through fire and combustion. Both are treated as extremely serious felonies under Minnesota law.
The police searched my home without a warrant. Can the evidence be thrown out?
The Fourth Amendment protects you from unreasonable searches and seizures. If the police entered your home or searched your property in the Eagan area without a valid warrant or a legally recognized exception to the warrant rule, any evidence they found may be suppressed. This means the prosecutor cannot use it against you, which can completely cripple their case.
What if I am a licensed dealer or have a federal permit?
The statute provides exceptions for federally licensed dealers and manufacturers. However, there are strict reporting requirements. You must have filed a written report with the Minnesota Department of Public Safety. If you are licensed but failed to comply with the state’s reporting rules, you could still be charged.
Can a collector own something like a grenade?
Yes, but under very specific conditions. The device must be determined by the Commissioner of Public Safety to be a collector’s item, relic, or museum piece. Furthermore, the owner must have filed a report with the Department of Public Safety. Simply believing an item is a collector’s piece is not enough; you must comply with the law’s registration requirements.
What if I was just transporting the device for someone else?
Under the law, “transporting” an illegal explosive device is a crime, even if you did not manufacture it or own it. However, your knowledge is key. If you did not know that the package you were transporting contained an illegal device, you may have a valid defense against the charge.
What should I do if the police want to talk to me?
You must exercise your right to remain silent. Politely tell the officers, “I am exercising my right to remain silent, and I want to speak with a lawyer.” Do not try to explain the situation or prove your innocence. Anything you say can be twisted and used against you. Contact me immediately.
Will I lose my gun rights forever?
Yes. A conviction for any felony-level explosive or incendiary device offense is considered a “crime of violence” under Minnesota law. This means you will be permanently banned from possessing firearms and ammunition for the rest of your life, unless you can successfully petition the court for a restoration of your rights, which is a difficult process.
What happens if the device was found in my car?
If the device was found in your car, the prosecutor will likely use a “constructive possession” theory to charge you. They will argue that since it was your car, you had control over it and its contents. We would fight this by investigating who else had access to the car and whether you could have reasonably known the item was present.
How can you defend a case when the evidence seems so strong?
Even when the evidence seems overwhelming, there are always avenues for a defense. We can challenge the legality of the police investigation, the credibility of witnesses, the scientific analysis of the device, and the prosecutor’s interpretation of your intent. My job is to find the weaknesses and create the reasonable doubt necessary to protect you.
What an Explosive Device Conviction Could Mean for the Rest of Your Life
A felony conviction for an explosive or incendiary device offense is a devastating event that casts a long shadow over every aspect of your future. The official penalties are just the beginning. The collateral consequences—the legal and social punishments that are not part of the court’s sentence—will impact you forever.
Permanent Loss of Firearm Rights
As mentioned, a conviction for this type of felony is classified as a “crime of violence.” Under both Minnesota and federal law, this results in a lifetime ban on your right to own, possess, or handle firearms and ammunition. This is not a temporary restriction; it is a permanent loss of a constitutional right. Life after a conviction for a Minnesota explosive device crime means surrendering this right forever.
A Permanent Criminal Record and Barriers to Employment
Every time you apply for a job, you will have to check the “yes” box next to the felony conviction question. Many employers will not consider hiring someone with a conviction for a violent, dangerous felony. You will be automatically barred from careers in law enforcement, education, childcare, and many positions requiring state licenses. Your career potential and ability to provide for your family will be severely and permanently damaged.
Loss of Housing, Education, and Civil Rights
Finding a safe place to live will become incredibly difficult. Landlords routinely run background checks and are unlikely to rent to someone with a serious felony on their record. Your applications for college or financial aid could be denied. You will also lose certain civil rights, such as the right to serve on a jury or hold public office. Your ability to participate fully in society will be drastically curtailed.
Severe Immigration Consequences
If you are not a U.S. citizen, a conviction for an explosive device offense is considered an “aggravated felony” under immigration law. This will almost certainly lead to your deportation, regardless of how long you have lived in the United States, your family ties, or your legal status. There is virtually no defense against removal once you have an aggravated felony conviction on your record.
Why You Need a Tough, Experienced Minnesota Explosive Device Attorney
When the stakes are this high, you cannot afford to take chances. The prosecutor’s office has a single goal: to convict you and send you to prison for a very long time. You need a fighter in your corner, an attorney who will match their resources and aggression with a relentless, strategic defense.
The Power of a Focused, Private Defender
Public defenders are often burdened by overwhelming caseloads that prevent them from giving any single case the deep, focused attention it requires. A felony explosive device case demands hundreds of hours of investigation, research, and preparation. As your private attorney, I will dedicate the time and resources necessary to build the strongest possible defense. You will work directly with me, not be passed off to a junior associate. Your case will be my priority.
The Critical Importance of Immediate Action
The most crucial phase of your defense is right now. The sooner I can get involved, the more opportunities we have to control the outcome. By acting fast, I can intervene with the prosecution before they file formal charges, potentially presenting evidence or arguments that lead them to decline the case. We can preserve evidence, locate witnesses before their memories fade, and begin challenging the state’s narrative before it becomes set in stone. Delay can be fatal to your defense.
Master of Minnesota’s Courtrooms
I have dedicated my career to defending the accused in courtrooms across Minnesota. I know the local legal landscape, from the procedures in the Hennepin County Government Center to the specific tendencies of prosecutors in Ramsey, Dakota, and counties throughout the state. This insider’s knowledge is not something you can learn from a book; it is gained through years of courtroom battles. I know how to present a case to local judges and juries, and I will use that experience to your advantage.
A Track Record of Achieving Results
Ultimately, you need an attorney who knows how to win. My approach is to prepare every case as if it is going to trial. This meticulous preparation sends a clear message to the prosecutor: we are ready for a fight. This often forces them to offer better plea deals, including reductions to less serious offenses or even full dismissals. Whether through a strategic negotiation or a hard-fought trial, my goal is to achieve the best possible result and protect your future from the devastating consequences of a felony conviction.