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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.

Texas Penal Code 46.08 - Hoax Bombs

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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