Hoax Bomb

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

1. Element 1

   AND — Required

   The State must prove all of the following

   The device or object was a hoax bomb: by design, construction, content, characteristics, or representation it appeared to be, or to contain, a destructive device or explosive but was an inoperative facsimile or imitation, or contained no such device or explosive as represented.

   Plain language: The item looked like, or was represented as, a bomb or explosive but was not a functioning bomb or explosive as represented.

2. Element 2

   OR — Alternative

   Prohibited conduct — one applicable alternative

   Without lawful authority, the defendant manufactured, possessed, sold, delivered, sent, mailed, displayed, used, threatened to use, attempted or conspired to use, or made the hoax bomb readily accessible to others.

   Plain language: The defendant took at least one prohibited action involving the hoax bomb without lawful authority.