[§132D-5.1]  General fireworks or articles pyrotechnic prohibitions in the second degree.  (a)  A person commits the offense of general fireworks or articles pyrotechnic prohibitions in the second degree if, without a permit issued pursuant to sections 132D-10 and 132D-16, the person intentionally, knowingly, or recklessly:

     (1)  Sets off, ignites, discharges, or otherwise causes to explode any aerial devices, articles pyrotechnic, or display fireworks:

          (A)  Within one thousand feet of any operating hospital, licensed convalescent home, licensed home for the elderly, zoo, licensed animal shelter, or licensed animal hospital;

          (B)  In any school building, or on any school grounds or yards without first obtaining authorization from appropriate school officials;

          (C)  On any highway, alley, street, sidewalk, other public way, or public beach;

          (D)  In any park or officially designated forest or wildlife preserve;

          (E)  Within fifty feet of a canefield;

          (F)  Within one thousand feet of any building used for public worship during the periods when services are held; or

          (G)  Within five hundred feet of any dwelling; or

     (2)  Throws, catapults, or otherwise manually propels ignited aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks.

     (b)  The state of mind requirement for the offense under subsection (a)(1)(A), (E), (F), and (G) shall not be applicable to whether the person was aware that the person was within the designated distance from an operating hospital, licensed convalescent home, licensed home for the elderly, zoo, licensed animal shelter, or licensed animal hospital; canefield; building used for public worship; or dwelling.  A person shall be strictly liable with respect to the attendant circumstance that the person was within the designated distance from a prohibited place at the time of incident.

     (c)  Except as otherwise provided in subsections (d), (e), and (f), the offense of general fireworks or articles pyrotechnic prohibitions in the second degree shall be a misdemeanor.

     (d)  The offense of general fireworks or articles pyrotechnic prohibitions in the second degree shall be a class C felony if the person has been convicted one or more times for any offense under this chapter within ten years of the current offense.

     (e)  The offense of general fireworks or articles pyrotechnic prohibitions in the second degree shall be a class B felony if any of the aerial devices, articles pyrotechnic, or display fireworks set off, ignited, discharged, or otherwise caused to explode in the commission of the offense cause substantial bodily injury to another person.

     (f)  The offense of general fireworks or articles pyrotechnic prohibitions in the second degree shall be a class A felony if any of the aerial devices, articles pyrotechnic, or display fireworks set off, ignited, discharged, or otherwise caused to explode in the commission of the offense cause serious bodily injury or death to another person.

     (g)  The state of mind requirement for subsections (e) and (f) shall not be applicable to whether the person was aware the aerial devices, articles pyrotechnic, or display fireworks caused or would cause the injury or death.  A person shall be strictly liable with respect to the result that the aerial devices, articles pyrotechnic, or display fireworks caused the injury or death. [L 2025, c 243, pt of §2]