Components of Explosives: Texas Penal Code §46.09

Texas Criminal Law

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The Texas Components of Explosives law gives police the right to arrest you if they believe you have components of an explosive weapon and intend to combine them to make an explosive device that is intended to be used as a weapon in a crime.

The Texas legislature codified this criminal offense in Texas Penal Code Section 46.09. The law was not updated in 2023. In fact, this law has not been amended since its enactment in 1983.

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The Penal Code classifies the Texas Components of Explosives law under Title 10 “Offenses Against Public Health, Safety, and Morals,” Chapter 46 “Weapons.” Learn more about the Texas offense of Components of Explosives below.

What is the current Texas law about Components of Explosives?

The current Texas law defines the offense of Components of Explosives in Penal Code Section §46.09 as follows:[1]

(a) A person commits an offense if the person knowingly possesses components of an explosive weapon with the intent to combine the components into an explosive weapon for use in a criminal endeavor.

How can I be charged with a Components of Explosives offense in Texas?

You can be charged with Components of Explosives if the state’s attorneys believe that each of the elements of 46.09(a) as described in the section above have been met.

What is the statute of limitation for Components of Explosives in Texas?

Components of Explosives offenses have a three-year limitations period.[2]

What is the penalty for a Texas Components of Explosives offense?

A conviction for Components of Explosives is punished as a felony of the third degree,[3] with a maximum possible fine under Texas state law of up to $10,000 and prison time of 2 to 10 years. Learn about the differences between grades of felonies and misdemeanors here.

In addition, prosecutors may seek a one-classification level enhancement for Chapter 46 offenses under the Weapon-Free School Zone Law by proving beyond a reasonable doubt that you committed the offense in a place that you knew was within 300 feet of the premises of a school or at an official school function or game.[4]

Can you get probation for Components of Explosives in Texas?

The Texas Code of Criminal Procedure does not specifically prohibit judges and juries from granting probation for Components of Explosives or judges from accepting deferred adjudication plea deals.[5]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[6]

What level of crime is Components of Explosives in Texas?

The Penal Code classifies Components of Explosives as a third degree felony.

Learn more about the penalty range for this offense in the section above.

^1. Texas Penal Code §46.09. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.01(9)^3. Texas Penal Code §46.09(b)^4. §46.11, Texas Penal Code^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^6. Art. 42A.054(b), Texas Code of Criminal Procedure

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