Texas Penal Code 46.08 – Hoax Bombs

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Texas Penal Code 46.08 – Hoax Bombs

WHAT IS HOAX BOMBS IN TEXAS?

The Texas law against hoax bombs prohibits manufacturing, selling, purchasing, transporting, or possessing anything appearing to be a bomb or explosive, or designed to cause alarm or fear.

WHAT IS THE HOAX BOMBS LAW IN TEXAS?

Tex. Penal Code § 46.08. HOAX BOMBS.

(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.

(b) An offense under this section is a Class A misdemeanor.

WHAT IS THE PENALTY CLASS FOR HOAX BOMBS IN TEXAS?

Hoax bombs is a Class A misdemeanor, punishable by up to one year in county jail.

WHAT IS THE PUNISHMENT RANGE FOR HOAX BOMBS IN TEXAS?

The punishment range for manufacturing or using a hoax bomb is up to one year in jail, and a maximum $4,000 fine.

WHAT ARE THE PENALTIES FOR HOAX BOMBS IN TEXAS?

A person charged with hoax bombs may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed two years.

WHAT ARE THE DEFENSES TO HOAX BOMBS IN TEXAS?

The statute does not authorize specific defenses to hoax bombs. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.

WHAT IS THE STATUTE OF LIMITATIONS FOR HOAX BOMBS IN TEXAS?

The limitation period for hoax bombs, a Class A misdemeanor, is two years.

HOAX BOMBS IN TEXAS

A person may be charged with hoax bombs if they possess a real or fake bomb designed to cause alarm or a reaction by an emergency agency.

TEXAS HOAX BOMBS COURT CASES

The case law regarding hoax bombs in Texas illustrates the statute’s application.

In Perez v. State, the defendant brought a bag into the Harris County Courthouse containing metallic objects, batteries, electronic devices, and tools, as well as a wire that connected to an empty can outside the bag. Security feared they were components of a bomb, but the canine didn’t alert to a bomb. Because the components were not explosives, but appeared to be, and were designed to cause alarm, the defendant was convicted of possessing a hoax bomb. The appellate court affirmed.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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