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Manufacture, Sell, Possess, or Deliver Hoax Bomb



What is a Hoax Bomb?

In Florida, a hoax bomb is defined under Florida Statute 790.165 as any device or object that appears to be, or is represented to be, a destructive device or explosive but is, in fact, an inoperative facsimile or imitation. This can include items that are designed, constructed, or modified to look like a bomb but contain no actual explosive materials.

Understanding the Definition

The statute makes it clear that the hoax bomb does not need to be functional. The mere appearance or representation that the object is a bomb is enough to qualify it as a hoax bomb. This law aims to prevent the fear and disruption caused by such devices, even if they are not capable of causing physical harm.

What is a hoax bomb? A hoax bomb is any device or object that appears to be, or is represented to be, a destructive device or explosive but is, in fact, an inoperative imitation.

For instance, if someone constructs a device that looks like a bomb and places it in a public area, causing panic, it would be considered a hoax bomb. Similarly, mailing a package that appears to contain an explosive device to a government office, leading to an evacuation, also qualifies as a hoax bomb offense.

The intention behind these devices is often to create fear, panic, or disruption, which is why the law treats these offenses seriously. The legal ramifications can be severe, even though the device itself is not capable of causing physical harm.

It’s important to note that the law covers a wide range of activities related to hoax bombs. This includes not only manufacturing and possessing such devices but also selling, delivering, mailing, displaying, using, threatening to use, attempting to use, or conspiring to use them. The statute is comprehensive to ensure that all potential misuse of hoax bombs is covered.

If you are facing charges related to hoax bombs, it’s crucial to understand the specifics of the law and how it applies to your case. Consulting with an experienced Orlando Gun Crime Lawyer can provide you with the guidance and defense you need.

The implications of being charged with a hoax bomb offense are significant, not just legally but also in terms of personal and professional consequences. Understanding the law and securing skilled legal representation is essential to navigating these serious charges.


Hoax Bomb

At Leppard Law, we are dedicated to providing the best possible defense for our clients. Our team understands the complexities of weapons laws in Florida and is committed to fighting for your rights. If you need assistance, don’t hesitate to contact us for a consultation.

For more information on related offenses, you can explore topics such as making a fake bomb threat and threatening to discharge a destructive device. Understanding these laws can help you better navigate the legal landscape and protect your rights.

Penalties for Manufacturing, Selling, Possessing, or Delivering a Hoax Bomb

Under Florida law, the penalties for manufacturing, selling, possessing, or delivering a hoax bomb are severe. This offense is classified as a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000. The penalties can be even more severe if the hoax bomb is used in the commission of another felony.

Aggravating Factors

If a hoax bomb is used in the commission or attempted commission of any felony, the penalties increase significantly. The law explicitly states that adjudication of guilt or imposition of sentence cannot be suspended, deferred, or withheld, making it a mandatory sentence upon conviction. This means that once convicted, the judge has no discretion to offer a lighter sentence.

Police Car

Additionally, the presence of a hoax bomb during the commission of any felony can lead to enhanced sentencing. For instance, if someone is caught with a hoax bomb while committing a robbery, the penalties for the robbery itself could be intensified due to the presence of the hoax bomb. This is designed to deter individuals from using such devices to amplify the perceived threat during criminal activities.

It’s important to understand the broader implications of these penalties. A second-degree felony in Florida is a serious charge that can have long-lasting effects on your life. Beyond the immediate prison time and fines, a felony conviction can impact your future employment opportunities, your ability to secure housing, and your overall reputation. The legal and personal consequences are profound, making it essential to approach such charges with the utmost seriousness.

What are the penalties for manufacturing, selling, possessing, or delivering a hoax bomb? In Florida, these offenses are classified as a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000.

Furthermore, under Florida’s Criminal Punishment Code, a Level 7 offense is associated with a minimum sentence of 21 months in state prison. Given that a Level 7 offense starts with 56 points, it already exceeds the threshold for non-state prison sanctions, which is less than 44 points. This means that even the minimum guidelines for sentencing are quite stringent, reflecting the state’s tough stance on hoax bomb offenses.

In addition to the legal penalties, there are also financial repercussions to consider. If the use of a hoax bomb results in the mobilization or action of law enforcement officers or any state or local agency, the person convicted may be required to pay restitution for all costs and damages arising from their criminal conduct. This can include the costs associated with emergency response, evacuation, and any other expenses incurred by the authorities.

For example, if a fake bomb threat leads to the evacuation of a school or public building, the individual responsible could be held financially liable for the costs of the emergency response, including the deployment of bomb squads, police officers, and other emergency personnel. These costs can add up quickly, resulting in a significant financial burden on top of the legal penalties.

Under Florida Statute 790.165, any person who, without lawful authority, manufactures, possesses, sells, delivers, or uses a hoax bomb commits a felony of the second degree, punishable by up to 15 years in prison and a fine of up to $10,000.

Given the severity of the penalties, it’s crucial for anyone facing charges related to hoax bombs to seek experienced legal representation immediately. At Leppard Law, our team of skilled Orlando Gun Crime Lawyers is dedicated to providing the best possible defense for our clients. We understand the complexities of weapons laws in Florida and are committed to fighting for your rights.

Our attorneys have a deep understanding of the nuances involved in hoax bomb cases and can help you navigate the legal system. Whether you are facing charges for manufacturing, selling, possessing, or delivering a hoax bomb, our team is here to provide the support and legal expertise you need. Contact us today for a consultation and let us help you protect your future.

For related information, you can explore topics such as making a fake bomb threat and threatening to discharge a destructive device. Understanding these laws can help you better navigate the legal landscape and protect your rights.

Remember, the consequences of a hoax bomb charge are severe, but with the right legal representation, you can improve your chances of a favorable outcome. Don’t hesitate to reach out to Leppard Law for the support and guidance you need during this challenging time.

If you have any questions or need immediate assistance, please call us at 407-476-4111 or visit our contact page to schedule a free consultation. We are here to help you through every step of the legal process.

Examples of Hoax Bomb Offenses

To better understand what constitutes a hoax bomb offense, consider the following hypothetical examples:

  • Public Panic: A person constructs a device that looks like a bomb and places it in a public place, causing panic and the mobilization of law enforcement. This scenario is not only disruptive but also diverts critical resources from genuine emergencies.
  • Government Threat: An individual mails a package that appears to contain an explosive device to a government office, leading to an evacuation and emergency response. Such actions can result in significant legal consequences, including charges for threatening to discharge a destructive device.
  • Fraudulent Sale: Someone sells a fake bomb to another person, claiming it is a real explosive, thereby committing fraud and causing potential harm. This act not only constitutes a hoax bomb offense but may also lead to additional charges for fraud.

These examples illustrate the various ways in which a hoax bomb can cause significant disruption and legal consequences. The severity of the situation is compounded by the fact that these devices, though inoperative, are designed to instill fear and provoke a response from emergency services.

What are the legal consequences of using a hoax bomb? The legal consequences of using a hoax bomb include severe penalties such as up to 15 years in prison and fines up to $10,000, especially if the hoax bomb is used in the commission of another felony.

For instance, the act of placing a hoax bomb in a school setting can lead to widespread panic, evacuation, and the involvement of multiple law enforcement agencies. This not only puts students and staff in a state of fear but also disrupts the educational environment and can result in significant legal repercussions for the perpetrator. Similarly, mailing a hoax bomb to a corporate office can lead to the shutdown of operations, causing financial losses and potential harm to the company’s reputation.

Another example could involve the use of a hoax bomb during a robbery. In such a case, the penalties for the robbery itself could be heightened due to the perceived threat posed by the hoax bomb. This scenario underscores the importance of understanding the broader implications of using or possessing such devices.

It’s also worth noting that even the mere threat of using a hoax bomb can lead to serious charges. For example, if an individual threatens to use a hoax bomb to extort money or other benefits, they could face multiple charges, including extortion and making a fake bomb threat. These charges carry significant penalties and can have long-lasting impacts on the individual’s life.

Understanding these examples highlights the importance of taking hoax bomb offenses seriously. The legal system in Florida imposes stringent penalties to deter such actions and protect public safety. If you find yourself facing charges related to a hoax bomb, it’s crucial to seek the assistance of an experienced Orlando Gun Crime Lawyer who can help you navigate the legal complexities and build a strong defense.

At Leppard Law, we have extensive experience in handling cases involving hoax bomb offenses. Our team of dedicated weapons defense attorneys is committed to providing the best possible representation for our clients. We understand the nuances of Florida’s weapons laws and are prepared to fight vigorously on your behalf.

If you or a loved one is facing charges for manufacturing, selling, possessing, or delivering a hoax bomb, don’t hesitate to contact us. We offer a personalized approach to legal defense, ensuring that your case receives the attention and expertise it deserves. Call us today at 407-476-4111 or visit our contact page to schedule a free consultation.

For more information on related topics, you can also explore our articles on possession of a firearm by a convicted felon and altering a firearm’s serial number. These resources can provide additional insights into the complexities of weapons-related charges in Florida.


Defenses Against Hoax Bomb Charges

Facing charges for manufacturing, selling, possessing, or delivering a hoax bomb can be overwhelming. However, there are several defenses that can be employed to challenge these allegations. It’s crucial to understand these defenses and consult with an experienced criminal defense attorney to navigate this complex legal landscape.

Lack of Intent

One of the primary defenses against hoax bomb charges is demonstrating a lack of intent. In many cases, the prosecution must prove that the accused intended to cause fear or disruption. If it can be shown that there was no malicious intent behind the possession or display of the hoax bomb, this defense can be compelling.

What is “lack of intent” in hoax bomb cases? Lack of intent means demonstrating that the accused did not intend to cause fear or disruption with the hoax bomb.

This defense is particularly relevant in situations where the device was created or displayed as a joke or for artistic purposes without any intention of causing panic. For instance, if someone creates a prop for a film or theatrical production that resembles a bomb but has no intent to alarm the public, this lack of intent can be a strong defense.

Lawful Authority

Another defense is proving that the accused had lawful authority to possess or display the hoax bomb. Certain individuals, such as law enforcement officers, security personnel, and members of the armed forces, may be exempt from these charges if they are acting within the scope of their employment.

Who can claim lawful authority in hoax bomb cases? Law enforcement officers, security personnel, and members of the armed forces may claim lawful authority if acting within the scope of their employment.

For example, a security officer at an airport may possess a device resembling a bomb for training purposes. Similarly, a member of a theatrical company may use a hoax bomb as a prop during a rehearsal or performance. In these cases, the individual’s actions are legally justified, and this defense can be used to dismiss the charges.

Law Books

False Accusation

False accusations are unfortunately not uncommon in criminal cases. A defense strategy can involve proving that the accused was wrongfully charged or that the device in question does not meet the legal definition of a hoax bomb. This can be particularly effective if there is evidence to show that the device was not designed to resemble a bomb or that the accusation was made out of malice or misunderstanding.

What is a false accusation in hoax bomb cases? A false accusation means proving that the accused was wrongfully charged or that the device does not meet the legal definition of a hoax bomb.

For instance, if someone reports a suspicious package that turns out to be a harmless object, the accused can argue that the device was never intended to resemble a bomb. Additionally, if there is evidence that the accusation was made out of spite or revenge, this can further support the defense of false accusation.

Consulting with an Experienced Attorney

Given the complexity and severity of hoax bomb charges, it is crucial to consult with an experienced criminal defense attorney. An attorney can provide expert guidance, assess the specifics of your case, and develop a tailored defense strategy. At Leppard Law, our team of skilled attorneys has extensive experience in handling hoax bomb cases and other criminal matters. We understand the nuances of Florida’s legal system and are dedicated to achieving the best possible outcome for our clients.

For more information on related defenses, you can explore our resources on strategic defense for weapon-involved offenses and defending against weapon display allegations. Additionally, understanding the specifics of improper exhibition of a firearm can provide further insights into building a robust defense.

If you or a loved one is facing hoax bomb charges, don’t hesitate to contact us at Leppard Law. Our team is here to provide the support, expertise, and dedicated representation you need. Call us today at 407-476-4111 to schedule a free consultation and take the first step towards protecting your rights and future.


Infographic depicting the words Manufacture, Sell, Possess, or Deliver Hoax Bomb


What is considered a hoax bomb in Florida?

A hoax bomb in Florida is defined as any device or object that appears to be, or is represented to be, a destructive device or explosive but is, in fact, an inoperative facsimile or imitation. This can include items designed, constructed, or modified to look like a bomb but contain no actual explosive materials.

What are the penalties for manufacturing, selling, possessing, or delivering a hoax bomb?

The penalties for manufacturing, selling, possessing, or delivering a hoax bomb in Florida include up to 15 years in prison and a fine of up to $10,000. If the hoax bomb is used in the commission of another felony, the penalties can be even more severe.

Can law enforcement officers be charged with possession of a hoax bomb?

Law enforcement officers, security personnel, and members of the armed forces are exempt from hoax bomb charges if they are acting within the scope of their employment. This exemption also applies to individuals authorized to test security systems or use hoax bombs as props in theatrical productions.

What are some defenses against hoax bomb charges?

Defenses against hoax bomb charges can include lack of intent to cause fear or disruption, lawful authority to possess or display the hoax bomb, and false accusation. Consulting with an experienced criminal defense attorney is crucial for developing an effective defense strategy.

What is considered a hoax bomb in Florida? A hoax bomb in Florida is defined as any device or object that appears to be, or is represented to be, a destructive device or explosive but is, in fact, an inoperative facsimile or imitation.

What are the penalties for manufacturing, selling, possessing, or delivering a hoax bomb? The penalties for manufacturing, selling, possessing, or delivering a hoax bomb in Florida include up to 15 years in prison and a fine of up to $10,000.

Can law enforcement officers be charged with possession of a hoax bomb? Law enforcement officers, security personnel, and members of the armed forces are exempt from hoax bomb charges if they are acting within the scope of their employment.

What are some defenses against hoax bomb charges? Defenses against hoax bomb charges can include lack of intent to cause fear or disruption, lawful authority to possess or display the hoax bomb, and false accusation.

For more detailed information on related topics, you can explore our resources on strategic defense for weapon-involved offenses and defending against weapon display allegations. Additionally, understanding the specifics of improper exhibition of a firearm can provide further insights into building a robust defense.

If you or a loved one is facing hoax bomb charges, don’t hesitate to contact us at Leppard Law. Our team is here to provide the support, expertise, and dedicated representation you need. Call us today at 407-476-4111 to schedule a free consultation and take the first step towards protecting your rights and future.

Additional Practice Areas

Explore other practice areas we specialize in to ensure comprehensive legal support for your needs:

Improper Exhibition of a Firearm Concealed Carry Laws
Defense for Weapon-Involved Offenses Weapon Display Allegations
Discharge of Firearm in Public Motion for Return of Firearm
Furnishing Weapons to Minors Possession of a Firearm by a Convicted Felon
Altering a Firearm’s Serial Number Using a Firearm While Under the Influence
Discharging Any Destructive Device Possession of Short-Barreled Rifle
Making a Fake Bomb Threat Threat to Discharge Destructive Device
Reckless Discharge of a Firearm Possession of a Firearm in Violation of an Injunction

Top-Rated Manufacture, Sell, Possess, or Deliver Hoax Bomb Attorneys Serving Florida

Choosing the appropriate legal representation is crucial when pursuing a claim. A seasoned, committed attorney ensures you’re equipped to make informed choices at each phase of the process.

  • John Vallillo: As a stalwart in the Florida legal scene, John Vallillo has earned his stripes through a consistent record of case dismissals and proactive defense. His background as both a prosecutor and defense attorney enriches his strategic defense planning with invaluable insights.
  • Joe Easton: Renowned for crafting winning defenses, Joe Easton’s approach to legal advocacy in Florida combines thorough preparation with aggressive representation. His notable recognitions and ratings stand testament to his exceptional service and client-focused approach.
  • Joel Leppard: Joel Leppard infuses every case with a level of personal commitment and innovative thinking that sets him apart. His leadership has not only grown Leppard Law into a top-rated criminal defense law firm but also ensured that clients receive empathetic, effective legal care.