AN ACT RELATIVE TO THE POSSESSION, TRANSPORT, USE OR PLACEMENT OF A HOAX DEVICE.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Chapter 266 of the General
Laws, as appearing in the 1998 Official Edition,
is hereby amended by inserting after section 102A the following section:-
Section 102A>. (a) Whoever possesses, transports, uses or places or causes
another to knowingly or unknowingly possess, transport, use or place any hoax
device with the intent to cause anxiety, unrest, fear or personal discomfort
to any person or group of persons shall be punished by imprisonment in a house
of correction for not more than two and one-half years or by imprisonment in
the state prison for not more than five years or by a fine of not more
than $5,000, or by both such fine and imprisonment.
(b) For the purposes of this section, the term "hoax device" shall mean any
device that would cause a person reasonably to believe that such device is an
infernal machine. For the purposes of this section, the term "infernal
machine" shall mean any device for endangering life or doing unusual damage to
property, or both, by fire or explosion, whether or not contrived to ignite or
(c) This section shall not apply to any law enforcement or public safety
officer acting in the lawful discharge of official duties.