What is the Hoax Bombs crime?
The Hoax Bombs crime in Texas gives police the right to arrest you if they think that you make, sell, buy, carry or possess a hoax bomb and intended to use it to convince someone else that it’s a real explosive or to cause an emergency reaction from first responders. That specifically includes agencies set up to deal with public safety and volunteer agencies that cope with emergencies.
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A Hoax Bombs charge in Texas is classified in the Penal Code under Title 10 “Offenses against Public Health, Safety, and Morals”, Chapter 46 “Weapons.” Learn about other Weapons Charges
The Hoax Bombs offense is described in Section 46.08 of the Texas Penal Code.
(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.
You can be charged with Hoax Bombs if the state’s attorneys believe that each of the elements of 46.08 as described in the section above have been met.
The offense of a hoax bomb charge in Texas is a Class A misdemeanor.1 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.
1 Texas Penal Code Section 46.08(b)