Any person who endangers the life, health, bodily integrity or safety of one or several persons, or who causes environmental damages by provoking an explosion, flood or [landslide] by means of causing the demolition of real property, or by using toxic or choking gas, nuclear energy, ionizing elements or radioactive material, microorganisms or any other toxic or hazardous substance shall incur a second degree felony.
If the acts enumerated under this offense are performed due to negligence, the offender shall incur a third degree felony.
For purposes of this section, the term “toxic or hazardous” shall include substances which are prejudicial to the health or which have destructive capabilities.
The court may also impose the penalty of restitution.
History —June 18, 2004, No. 149, § 240; Sept. 16, 2004, No. 338, § 9, eff. May 1, 2005.