28-1222.

Using explosives to commit a felony; penalty.

(1) Any person who uses an explosive material or destructive device to commit any felony which may be prosecuted in this state or who possesses an explosive during the commission of any felony which may be prosecuted in this state commits the offense of using explosives to commit a felony.

(2) Using explosives to commit a felony is a Class IIA felony.

(3) In the case of a second or subsequent conviction under this section, using explosives to commit a felony is a Class II felony.