Unlawful manufacture, possession, sale, advertisement or transportation of hoax bomb: Penalty; exceptions.
1. A person shall not manufacture, purchase, possess, sell, advertise for sale or transport a hoax bomb if the person knows or should know that the hoax bomb is to be used to make a reasonable person believe that the hoax bomb is an explosive or incendiary device.
2. A person who violates subsection 1 is guilty of a gross misdemeanor.
3. This section does not prohibit:
(a) 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.
(b) 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.
(c) 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, “hoax bomb” means:
(a) An inoperative facsimile or imitation of an explosive or incendiary device; or
(b) A device or object that appears to be or to contain an explosive or incendiary device.
Last modified: February 25, 2006