Dispersing hoax substance prohibited; penalties

Vegas Lawyer Explains Prohibitions on Hoax Substances

Nevada considers terrorism to be a crime against public health and safety, so terrorism-related offenses are defined within the section of Nevada’s penal code that prohibits crimes against public health and safety. The appropriate section of Nevada laws where terrorism-related offenses are defined is Chapter 202 of Title 15, where there is an entire subcategory of offenses related to terrorism.

Many different kinds of conduct are criminalized under Chapter 202, including conduct that relates to weapons of mass destructions and dangerous substances. However, the law recognizes that defendants do not actually have to possess or release a dangerous substance to cause terror. In many cases, making threats or releasing hoax substances can also cause fear and chaos, and can put people at risk.

Because of the danger presented by false threats, there are statutes within Chapter 202 that criminalize various types of hoaxes in connection with terrorism. A hoax can carry penalties that are very real, so if you have been accused of a hoax, you should reach out to Vegas criminal defense attorneys at LV Criminal Defense to find out about the consequences you are facing and the options that you have for responding to charges.

Our experienced and compassionate legal team can put our knowledge of Chapter 202 to work on your case to help you implement an effective legal strategy designed to reduce the likelihood of conviction or the severity of penalties resulting from a terrorism offense. To find out more about the ways in which our firm can assist you if you’ve been accused of violating the laws related to terrorism, give us a call today.

Nevada Revised Statute Section 202.449: Dispersing Hoax Substances

The statute within Chapter 202 that addresses hoax substances is Nevada Revised Statute section 202.449. According to the relevant statute, it is unlawful to disperse or cause to be dispersed any hoax substance through any means of delivery, including package delivery services, drop payment boxes, or mail couriers.

In order for a prosecutor to secure a conviction under N.R.S. 202.449, the prosecutor must prove that you acted with specific intent in delivering the hoax substance. You can be convicted if the prosecutor can prove you intended to intimidate, alarm, or cause mental anguish to any person; that you intended to cause any reasonable person to believe that he or she was contaminated by exposure to a toxin or lethal agent; that you intended to cause panic or civil unrest; that you intended to extort or profit from the delivery of the hoax substance; or that you intended to interfere with operations or cause economic damage.

It is important to note that the prosecutor only need prove that you intended to cause fear, harm, unrest, or economic damage. It is irrelevant whether your actions actually caused such damage to occur or not and you can still be convicted even if you were unsuccessful in your attempt to cause a reaction on the part of the recipient of the hoax substance or from the public.

If you are convicted of dispersing a hoax substance in violation of N.R.S. 202.449, you can be found guilty of a Category D felony. However, if you cause death or substantial bodily harm through your actions, you can be convicted of a category B felony unless you are tried under a different statute that imposes harsher penalties. The consequences of a category B felony violation of N.R.S. 202.449 can include a prison sentence lasting a minimum of two years and a maximum of 20 years, as well as a fine up to $5,000.