Hoax Bombs text with Texas flags in background
Hoax Bombs text with Texas flags in background

Hoax Bombs

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

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

The current Texas law is 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 Hoax Bombs?

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.

What is the punishment for Hoax Bombs in Texas?

The offense of a Hoax Bombs charge in Texas is a Class A misdemeanor.2 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.

Legal References:

1 Texas Penal Code §46.08(b)

2 Texas Penal Code §46.08(b)

Published by Criminal Defense Attorney on and last modified