MANUFACTURE OR SALE OF FAKE BOMB

Although it may seem counterintuitive, making, possessing, or selling a fake bomb is illegal in Nevada. Convictions for doing so are severe and include jail time and harsh fines.

What is the legal definition of manufacture or sale of a fake bomb?

The laws relating to making, possessing or selling a fake bomb are governed by NRS 202.253, and 202.263.

NRS 202.253 – Definitions.

As used in NRS 202.253 to 202.369, inclusive:

  1. “Explosive of incendiary device” means any explosive or incendiary device material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.
  2. “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.
  3. “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.
  4. “Motor vehicle” means every vehicle that is self-propelled.

NRS 202.263 – Unlawful manufacture, purchase, possession, sale, advertisement or transportation of hoax bomb: Penalty; exceptions.

  1. A person shall not knowingly manufacture, purchase, possess, sell, advertise for sale or transport a hoax bomb with the intent to:
    1. Make a reasonable person believe that the hoax bomb is an explosive or incendiary device;
    2. Cause alarm or reaction by an officer, an employee or a volunteer of a public safety agency; or
    3. Cause the evacuation of any private or public building, whether or not any threat has been conveyed.
  2. A person who violates subsection 1:
    1. Is guilty of a gross misdemeanor, unless a greater penalty is provided pursuant to paragraph (b) or (c).
    2. In a manner that causes the evacuation of any private or public building, is guilty of a category E felony and shall be punished as provided in NRS 193.130, unless a greater penalty is provided pursuant to paragraph (c).
    3. In the furtherance of any other crime punishable as a felony, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
  3. This section does not prohibit:
    1. The purchase, possession, sale, advertising for sale, transportation or use of a military artifact, if the military artifact is harmless or inert, unless the military artifact is used to make a reasonable person believe that the military artifact is an explosive or incendiary device.
    2. The authorized manufacture, purchase, possession, sale, transportation or use of any material, substance or device by a member of the Armed Forces of the United States, a fire department or a law enforcement agency if the person is acting lawfully while in the line of duty.
    3. The manufacture, purchase, possession, sale, transportation or use of any material, substance or device that is permitted by a specific statute.
  4. As used in this section:
    1. “Hoax bomb” means anything that by its design, construction, content, characteristics or representation appears to be or to contain:
      1. An inoperative facsimile or imitation of an explosive or incendiary device; or
      2. An explosive or incendiary device.
    2. “Public building” has the meaning ascribed to it in NRS 203.119.
    3. “Public safety agency” has the meaning ascribed to it in NRS 239B.020.

Why is it illegal to possess a fake bomb? Wouldn’t that mean that you were in possession of something that wouldn’t blow up and hurt people?

Generally, yes, a fake bomb is something that would not be able to injure other people or property. However, the law against the possession or manufacture of a hoax bomb goes beyond simply having something that looks like a bomb.

NRS 202.263 specifically outlaws the manufacture, distribution, purchase, possession or transportation of anything that is intended to look like a bomb, but requires that the purpose of the manufacture, distribution, purchase, possession or transportation is done with the intent to:

  • Trick a reasonable person into believing that the bomb is real;
  • Cause an officer, employee or volunteer of a public safety agency to believe that the bomb is real; or
  • Cause the evacuation of any private or public building.

In other words, the purpose of NRS 202.263 is to cause some sort of panic in someone who observes the hoax bomb.

What does it mean by “Hoax bomb”?

Subsection 4 specifically defines a “hoax bomb” as anything that by its design, construction, content, characteristics or representation appears to be an explosive or incendiary device.

What about deactivated military explosives? I see those for sale at gun shows and online?

So long as the bomb is inactive, the sale of a military artifact is not a violation of NRS 202.263.

However, it is important to note, that the use of an inactive military explosive device, for the purposes of causing alarm or panic in a reasonable person, is still a violation of NRS 202.263. In other words, using an inactive military landmine as a piece of decoration in your office is not illegal, but using the inactive landmine to cause the evacuation of your building is.

Is there anything else I should know?

Subsection 3(c) also provides an exception for the manufacture, purchase, possession, sale, transportation or use of any material, substance or device that is permitted by a specific statute.

As an easy example, if a film crew were filming a movie in Nevada that required the transportation of a prop that looked exactly like a bomb, there would be no violation of NRS 202.263. There would be no reason to charge anyone with the transport of a ‘hoax bomb,’ even though the purpose of the ‘hoax bomb’ would be to make a reasonable person believe that it is an explosive or incendiary device, because the ‘hoax bomb’ is only for use within the context of filming. However, if a member of the crew were to steal the prop, and then use it to cause the evacuation of a building, then that person could be charged under NRS 202.263.

What are the possible penalties?

The possible penalties for a violation of NRS 202.263 vary greatly depending on the surrounding circumstances.

A general violation, where someone uses a ‘hoax bomb’ to cause a panic in a reasonable person or a member of a public safety agency, is a gross misdemeanor, which carries with it possible penalty of:

  • Up to 1 year in jail; and/or
  • The possibility of fines up to $2,000.

If the purpose of the ‘hoax bomb’ was to cause the evacuation of any public or private building, then the violation of NRS 202.263 can be charged as a category E felony, which carries the possible penalty of:

  • Between 1 and 4 years in prison; and
  • Possible fines up to $5,000.

Most category E felonies are considered “probationable,” which means that the 1-4 year sentence can be “suspended” in place of a probationary term. Often, the term of probation will continue for at the original length of the prison term, but can be longer, and can include other requirements set by the Court.

If the use of a ‘hoax bomb’ was done in the commission of some other felony crime (i.e., the ‘hoax bomb’ was used to evacuate a building so that a robbery could be committed with no witnesses or other people present), then the violation of NRS 202.263 can be charged as a category C felony, and can carry with it possible penalty of:

  • Between 1 and 5 years in prison; and
  • Possible fines up to $10,000.

Are there any Defenses?

Yes, of course there are. Some of the possible defenses include:

  • Military Artifact – As noted above, the sale, purchase, transport or possession of inactive military artifacts that were once used as explosives or incendiary devices is not a violation of NRS 202.263. However, this is not a perfect defense, it only works for the manufacture, sale, purchase, transport or possession of inactive military artifacts for purposes other than tricking reasonable people into believing the device is real and active. As discussed above, the distinction is easy to make: if the artifact is being used as a display piece, or is for decoration or other purpose, then the defense stands; if, on the other hand, the device is being used to make a reasonable person believe the device is active, or to cause the evacuation of a building, then the defense does not apply.
  • United States Military Device/Law Enforcement – NRS 202.263 specifically provides that the authorized manufacture, purchase, possession, sale, transportation, or use of any material, substance or device by a member of the United States Military or a member of law enforcement is not a violation of the law, so long as the person is acting in the lawful execution of their duties. If you were acting lawfully, and within the scope of your duties as a member of the Armed Forces or a law enforcement agency, then any charges for a violation of NRS 202.263 should be dropped or dismissed.
  • Legal active explosive – It stands to reason that if the ‘hoax bomb’ in question, is not, in fact, a hoax, and is instead an active explosive, then there has been no violation of NRS 202.263. However, the manufacture, possession, sale, purchase or transport of active explosives is highly regulated. Therefore, if the explosive was made, transported, bought, or sold legally and for a legal purpose, then there has been no violation of the law, and any charges should be dropped or dismissed.
  • Lack of Evidence – As with any crime, the prosecution bears the burden of proving every element of the crime “beyond a reasonable doubt.” If there is not enough evidence to uphold this high level of proof, then the charges should be dropped or dismissed.

What should I do if I’ve been charged with possession of a hoax bomb?

As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.

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