Destructive device or bacteriological or biological weapon - Unlawful manufacture in the first degree.

(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.

(Act 2016-414, §2.)