Hoax Bomb
Unlawfully making, possessing, displaying, using, threatening to use, or otherwise making available an inoperative device or object that appears or is represented to be a destructive device or explosive.
Florida Statute
§ 790.165
Planting of hoax bomb prohibited
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
A hoax bomb is a facsimile, imitation, or nonfunctional device that appears or is represented to be a destructive device or explosive. The offense is a second-degree felony.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Hoax Bomb
F.S. § 790.165(2)
Without lawful authority, prohibited conduct involving a hoax bomb.
Elements of the Offense
Elements of the Offense
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.
- Element 1AND — 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.
- Element 2OR — 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.
Jury Instructions
Jury Instructions
No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.
View Official Jury InstructionsImportant Definitions
Important Definitions
Hoax bomb
A device or object that appears to be, contains, or is represented to contain a destructive device or explosive but is actually an inoperative facsimile or imitation, or lacks the represented destructive device or explosive.
Additional Notes
Additional Notes
Quick Reference
A functioning bomb or explosive is not required. The statute addresses an inoperative facsimile, imitation, or object that appears or is represented to be a destructive device or explosive.
Restitution
A court may require restitution for costs and damages arising from conduct that resulted in law-enforcement or state/local agency mobilization or action.