158:37 Use of Molotov Cocktail; Penalty. –
Whoever makes, sells, uses or has in his possession or under his control a bottle or other breakable container containing a flammable liquid into which has been fixed or placed a wick or similar device, and which bottle or container when ignited and thrown will cause a fire or explosion, shall be subject to the following penalty:
I. If the offense occurs prior to November 1, 1973, he shall be fined not more than $1,000 or imprisoned for not more than 21/2 years, or both.
II. If the offense occurs on or after November 1, 1973, he shall, if a natural person, be guilty of a Class B felony, and any other person shall be guilty of a felony.
The provisions of this section shall not apply to flares, lanterns, fireworks or other such devices used for signal or illumination purposes, or items used for any other lawful purpose.