(1) Terms defined in Sections 76-1-101.5, 76-15-101, and 76-15-201 apply to this section.
(2) An actor commits unlawful delivery or mailing of an explosive, chemical, or incendiary device if the actor:
(a) delivers or causes to be delivered to an express or railway company or other common carrier, or to any person, an explosive, chemical, or incendiary device;
(b) knows the explosive, chemical, or incendiary device to be an explosive, chemical, or incendiary device; and
(c)
(i) fails to inform the common carrier or person that the item is an explosive, chemical, or incendiary device; or
(ii) sends the explosive, chemical, or incendiary device through the mail.
(3) A violation of Subsection (2) is a second degree felony.