NRS 202.840: Bomb Threat Laws Nevada—Definition, Penalties, & More
In an age where public safety is paramount, understanding the implications of bomb threats is more critical than ever. Recent incidents of hoax bomb threats targeting hospitals and schools in Nevada underscore the pressing need for public awareness and legal knowledge surrounding this issue. These disturbances not only create panic and chaos but also strain invaluable emergency resources.
The consequences of making a bomb threat in Nevada can be severe, potentially resulting in felony charges and significant jail time. Whether it’s a misguided prank call or a deliberate attempt to cause fear, individuals accused of such crimes need to understand the legal implications and possible defense strategies.
If you or someone you know is facing bomb threat charges, contact The Defenders. Our lawyers specialize in criminal defense and have a proven track record of successfully defending clients against all sorts of charges. Call our office today at 702-333-3333 for a free case evaluation.
Definition of Bomb Threats
Nevada Revised Statute 202.840 defines the legal parameters of bomb threats in Las Vegas and Nevada. Under this law, knowingly making a false bomb threat is considered a felony . The statute prohibits willfully conveying false information about an explosive device intended to injure people or destroy property .
The elements of a bomb threat include the intent to cause fear or disrupt public safety, and an actual communication containing the threat. This means that even if no actual explosives are present, simply making the threat can result in charges.
Communication, in this context, can include phone calls, text messages, emails, or any other form of transmission. It also covers threats made in person, written on a note or letter, or even implied through physical gestures.
Nevada takes a broad view of what constitutes a bomb threat. The law extends beyond just explosives, including threats about “spring traps” or similarly dangerous mechanisms.
In 2009, the Nevada Supreme Court upheld the conviction of a man who threatened to blow up a credit union loan officer’s car, even though he claimed it was a joke.
Impact of Bomb Threats on Public Safety
The consequences of bomb threats extend far beyond the immediate disruption caused by evacuations and investigations. These incidents have a significant impact on public safety and community well-being.
- Disruption to Daily Life: Bomb threats often result in evacuations and lockdowns, disrupting daily routines and causing chaos in communities. They also lead to road closures and transportation delays. For example, bomb threats in schools lead to students being sent home, causing disruptions for parents and creating safety concerns for children.
- Resource Allocation: The emergency response to bomb threats requires the mobilization of significant resources, including law enforcement, bomb squads, and medical personnel. This not only puts a strain on these valuable resources but also diverts their attention from other potential emergencies or crimes that may require immediate attention.
- Psychological Effects: Bomb threats can have long-lasting psychological effects on individuals involved in or affected by such incidents. These events often cause fear, anxiety, and trauma among witnesses and victims, affecting their mental well-being and potentially leading to long-term consequences.
Penalties for Making Bomb Threats
In Nevada, making a bomb threat is classified as a category B felony, punishable by up to six years in prison and fines of up to $5,000.
If the threat involves biological, chemical, or radioactive agents, the penalties are more sever. In these instances, the minimum sentence escalates to 2 years, while the maximum can extend to life imprisonment.
In addition to these penalties, individuals convicted of this crime may also face long-term consequences. A felony record can have lasting impacts on an individual’s life, affecting employment opportunities, housing options, and civil rights.
Given the severity of the charges and the minimum prison terms involved, it’s crucial for those accused to seek experienced legal representation. A skilled defense attorney can work to mitigate the potential consequences and explore all available defense strategies.
Common Defenses Against Bomb Threat Charges
If you are facing bomb threat charges in Nevada, it’s crucial to seek legal counsel from an experienced criminal defense attorney. A skilled lawyer can help build a strong defense strategy that may include the following:
Lack of Intent
The prosecution must prove that the accused had the intent to cause fear or disrupt public safety with their communication. A competent attorney can argue that the defendant had no such intention and that the threat was a misinterpreted joke or prank.
False Accusations
In some cases, individuals may falsely accuse others of making bomb threats for personal gain or to divert attention from their own wrongdoing. A defense attorney can investigate the accusers’ motives and establish their lack of credibility.
Police Misconduct
In some instances, police officers may use coercion or other unethical tactics to obtain a confession. A skilled defense attorney can challenge the validity of any statements made by the accused and potentially have them thrown out as evidence.
Insufficient Evidence
The prosecution must prove beyond a reasonable doubt that the accused made a bomb threat. If there is insufficient evidence to support this claim, a skilled lawyer can challenge the validity of the charges.
Notable Bomb Threat Cases in Nevada
In 2009, the Nevada Supreme Court upheld the conviction of a man (Hodson v State, 2009) who threatened to blow up a credit union loan officer’s car, even though he claimed it was a joke.
This case set a precedent for how bomb threats are interpreted under NRS 202.840, emphasizing that even perceived jokes can lead to serious legal consequences.
Related Crimes
In addition to making false bomb threats, individuals may also face charges for related crimes, including:
Terrorist threats (NRS 202.448)
Nevada law distinguishes between bomb threats and terrorist threats. NRS 202.448 prohibits making threats or conveying false information about acts of terrorism, weapons of mass destruction, or lethal agents. This offense carries more severe penalties than bomb threats, with a prison term of 2 to 20 years and a potential fine of up to USD 5,000
False reporting of a crime (NRS 207.280)
Similar to making a false bomb threat, falsely reporting a crime is a misdemeanor offense in Nevada. This law makes it illegal to knowingly provide false information about a crime or emergency. Penalties for this crime can include up to six months in jail and/or a fine of up to $1,000.
Facing Criminal Charges? Hire The Defenders
Bomb threats are serious offenses that can result in severe consequences. If you or a loved one is facing bomb threat charges in Nevada, it’s crucial to seek experienced legal representation. The Defenders have a proven track record of successfully defending individuals accused of various crimes.
Our lawyers understand the intricacies of Nevada’s criminal justice system and can build a strong defense strategy to protect your rights and future. Let our team fight for you and help achieve the best possible outcome in your case.
Contact us today for a free consultation to discuss your case and explore all available legal options.
Frequently Asked Questions
What is a bomb threat?
A bomb threat is a communication or statement that indicates the presence of an explosive device or intention to cause harm through explosives.
Is making a bomb threat a serious offense?
Yes, making a bomb threat is considered a serious crime and can result in severe penalties, including prison time and fines. The severity of the charges may also depend on factors such as the type of threat made and the intent behind it.
I made a joke about a bomb while I was angry, can I still be charged?
Yes, even perceived jokes or statements made in anger can result in bomb threat charges. It’s crucial to seek legal counsel immediately if you are facing such charges.
Can I be charged for making a bomb threat even if I didn’t intend to carry it out?
Yes, under NRS 202.840, individuals can face charges for making false bomb threats even if they did not have the intention or capability of carrying out the act.
Can minors be charged with making bomb threats?
Yes, minors can face charges for making bomb threats in Nevada. However, depending on the circumstances, they may be subject to different penalties and may have their case handled in juvenile court.