Hoax Bombs: Texas Penal Code §46.08

The Texas Hoax Bombs law gives police the right to arrest you if they believe you made, sold, bought, carried or possessed a hoax bomb and intended to use it to convince someone else that it was a real explosive or to cause an emergency reaction from first responders

First responders include state agencies that deal with public safety and volunteer agencies that cope with emergencies. Hoax Bomb cases can be prosecuted in cases of kidnapping, robbery, or terror activities invloving the use of a fake bomb, or even when someone calls in a bomb threat to a high school and leaves a fake bomb.

The Texas legislature codified this criminal offense in Texas Penal Code Section 46.08. The law was not updated in 2023. In fact, this law has not been amended since its enactment in 1983.

The Penal Code classifies the Texas Hoax Bombs law under Title 10 “Offenses Against Public Health, Safety, and Morals,” Chapter 46 “Weapons.” Learn more about the Texas offense of Hoax Bombs below.

What is the law in Texas about the Hoax Bombs offense?

The current Texas law defines the offense of Hoax Bombs in Penal Code Section §46.08 as follows:^[1]

(a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to:

(1) make another believe that the hoax bomb is an explosive or incendiary device; or

(2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies.

How can I be charged with a Hoax Bombs offense in Texas?

You can be charged with Hoax Bombs in Texas if the state’s attorneys believe that each of the elements of 46.08 as described in the section above have been met.

What is the statute of limitation for Hoax Bombs in Texas?

As a misdemeanor, Hoax Bombs charges have a two-year limitations period.^[2]

What is the penalty for a Texas Hoax Bombs offense?

The offense of a Hoax Bombs charge in Texas is a Class A misdemeanor.^[3] A Class A Misdemeanor is punishable by a maximum of one year in jail and a maximum possible fine of $4,000. Learn about the differences between grades of felonies and misdemeanors.

In addition, prosecutors may seek a one classification-level enhancement for Chapter 46 offenses under the Weapon-Free School Zone Law by proving beyond a reasonable doubt that you committed the offense in a place that you knew was within 300 feet of the premises of a school or at an official school function or game.^[4]

Can you get probation for Hoax Bombs in Texas?

The Texas Code of Criminal Procedure does not specifically prohibit judges and juries from granting probation for Hoax Bombs or judges from accepting deferred adjudication plea deals.^[5]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[6]

What level of crime is Hoax Bombs in Texas?

The Penal Code classifies Hoax Bombs as a Class A misdemeanor.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §46.08. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.02(a)^3. Texas Penal Code §46.08(b)^4. §46.11, Texas Penal Code^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^6. Art. 42A.054(b), Texas Code of Criminal Procedure