1. A person who:
(a) Uses an explosive to commit any felony; or
(b) Carries an explosive unlawfully during the commission of any felony,
Ê is guilty of a separate felony unless the use of an explosive is a necessary element of the other crime.
2. A person who commits the offense described in subsection 1 is guilty of a category B felony and shall be punished:
(a) For the first offense, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
(b) For the second or any subsequent offense, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.