What is a hoax device?
In Massachusetts, a hoax device is a mechanism that resembles a bomb or other similar explosive weapon. It does not actually explode but resembles a real explosive device.
What makes a device a “hoax” device?
A device is a “hoax” device if:
- It is actually inoperable
- It would appear to a reasonable person to be:
- An explosive
- A destructive or incendiary device or substance
- A chemical weapon
- A biological weapon
- A nuclear weapon
What is the crime of possession, use, or placement of a hoax device?
It is illegal in Massachusetts to possess, use, or place a hoax device. The offense is criminalized in Massachusetts General Laws Chapter 266, Section 102(b).
There are four parts, or elements, to the crime. The Commonwealth must prove each beyond a reasonable doubt:
- Possession, use, or placement (or causing another to do so)
- Hoax device
- Intent to cause anxiety, unrest, fear, or personal discomfort to another
- No lawful authority
What is possession?
Possession means more than just physically controlling an item. For example, you possess a cell phone if you place it in your pocket.
So in summary, the “formula” for possession is:
Possession = Knowledge + Ability to Control + Intent to Control
There is one exception to this called joint possession. The law considers a person to be in possession of an item that jointly own or share with another person. For example, it is likely that a husband and wife jointly possess a car if the title is in both of their names. This would likely be true even if the car is only driven regularly by one of them.
What are the definitions of the other terms in the statute?
Statutes sometimes provide definitions of words used in laws criminalizing behavior. For this crime, Massachusetts General Laws Chapter 266, Section 101 provides definitions of these words:
- Explosive: any element, compound, or mixture manufactured, designed, or used to produce an explosion that would cause physical harm to persons or property.
- Destructive or incendiary device or substance: an explosive, article, or device designed to cause physical harm to persons or property by means of fire, explosion, or detonation and consisting of substance capable of being ignited
- Chemical weapon: a toxic chemical or substance, or ammunition or a device, designed to cause death or bodily harm by means of the release of a toxic chemical or substance
- Biological weapon: a weapon specifically prepared to cause: death, disease, or other biological malfunction in any living organism; deterioration of food, water, equipment supplies or material of any kind; or negative alteration of the environment
- Nuclear weapon: a device designed for the purpose of causing bodily injury or death through the release of radiation or radiological material either through nuclear fission or any other energy source
Is possession, use, or placement of a hoax device a felony or a misdemeanor?
The crime of possession, use, or placement of a hoax device is a felony. In Massachusetts, a felony is a crime punishable by a state prison term. All other crimes are misdemeanors.
Does this crime have a mandatory minimum?
No, possession, use, or placement of a hoax device does not carry a mandatory minimum. A mandatory minimum sentence is a sentence a judge is required by law to impose.
What is the punishment for this crime?
A person convicted of possession, use, or placement of a hoax device can be sentenced to:
- Up to 2.5 years in the House of Corrections
- Up to 5 years in state prison
- A fine of up to $10,000
- A combination of committed time and a fine
What are defenses to possession, use, or placement of a hoax device?
If you are charged or indicted with possession, use, or placement of a hoax device, you should contact an experienced criminal defense attorney right away.
There may be defenses to this crime. Here are some:
- You never used, possessed, or placed the device
- The device was not actually a hoax device
- The device never caused anyone fear or harm
- You had lawful authority to use the device
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH A FELONY, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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