A hoax device is a fake bomb or weapon: something that looks like an explosive or a chemical, biological, or nuclear weapon but cannot work. In Massachusetts, possessing, using, or placing one with the intent to cause fear or unrest is a felony under G.L. c. 266, § 102(b), even though the device is harmless. What matters is how the item would look to a reasonable person and why you had it.
At a Glance: Hoax Device
Felony
up to 5 years in state prison and/or a $10,000 fine
Fake is enough
the item must be inoperable but look real to a reasonable person
Intent required
to cause anxiety, unrest, fear, or personal discomfort
No mandatory minimum
unlike the real-device crimes in the same statute
The law: G.L. c. 266, §§ 101, 102(b); District Court Instruction 7.750
What the Law Covers
Section 102(b) applies to anyone who, without lawful authority, possesses, uses, or places a hoax device, or causes another person, knowingly or unknowingly, to possess, use, or place one, with the intent that it cause anxiety, unrest, fear, or personal discomfort to any person or group.
Under G.L. c. 266, § 101, a hoax device is any device, article, or substance that would cause a person to reasonably believe it is:
- an explosive;
- a destructive or incendiary device or substance; or
- a chemical, biological, or nuclear weapon, harmful radioactive substance, or poison capable of causing bodily injury,
but which is actually an inoperable facsimile. A box with wires and a clock, or a pipe sealed to look like a pipe bomb, can qualify.
Three Crimes in § 102: Fake vs. Real Devices
Hoax device · § 102(b)
Possessing, using, or placing a fake that looks like an explosive or weapon, intending to cause fear or unrest
Up to 5 yrs state prison or 2½ yrs HOC; fine up to $10,000
Materials to make one · § 102(a)
Possessing ingredients that could make a destructive device or weapon, intending to make one
Up to 2½ yrs HOC, or 5–10 yrs state prison; fine up to $25,000
Real device · § 102(c)
Possessing an actual explosive or destructive or incendiary device
Up to 2½ yrs HOC, or 10–20 yrs state prison; fine up to $25,000
The law: G.L. c. 266, § 102(a)–(c)
What the Commonwealth Must Prove
Under District Court Instruction 7.750 (October 2024), the Commonwealth must prove four things beyond a reasonable doubt:
- you possessed, used, or placed a device or item, or caused another person to do so;
- the item was a hoax explosive, destructive or incendiary device or substance, or chemical, biological, or nuclear weapon;
- you acted with the intent that it cause anxiety, unrest, fear, or personal discomfort to any person or group; and
- you did so without lawful authority.
What Counts as Possession
The instruction defines possession as knowledge of the item, plus the ability and intent to exercise control over it, directly or through another person. Possession can be joint. But merely being near an item, even knowing it is there, is not possession, and neither is being associated with the person who controlled it or the place where it was found.
Penalties
- up to 5 years in state prison or 2½ years in a house of correction;
- a fine of up to $10,000; or
- both a fine and imprisonment.
There is no mandatory minimum. Because state prison is possible, it is a felony.
Defenses
- Not a hoax device: a reasonable person would not have believed the item was an explosive or weapon.
- No intent to cause fear: a prop, costume piece, art project, or joke item made with no intent to cause anxiety or unrest does not fit the statute.
- No possession: you did not know about the item or had no ability or intent to control it.
- Lawful authority: for example, an authorized training exercise.
- Identification and search issues: who placed the item, and whether it was found through a lawful search.
Why a Lawyer Matters
Hoax device cases often follow evacuations and a large police response, and the pressure to charge is high. But the statute requires a specific intent to cause fear, and an item that looks suspicious in hindsight is not the same as a hoax device. Attorney William J. Barabino has defended criminal cases for 23 years. Call 781-393-5900.
Related Charges
- Threatening to commit a crime (G.L. c. 275, § 2): a threat of harm, with no device involved.
- False report of a crime (G.L. c. 269, § 13A): falsely reporting a crime to police, rather than planting a fake device.
- Fireworks (G.L. c. 148, § 39): real devices that make noise or light, possessed or sold without a permit.
- Disorderly conduct (G.L. c. 272, § 53): causing public alarm or disturbance by conduct, with no device required.
Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
