Bomb Threats – NRS 202.840

Bomb Threats

Under Nevada Revised Statute (NRS) 202.840, making a bomb threat is a serious criminal offense. This statute addresses the act of threatening to use an explosive device to cause harm, destruction, or panic. Bomb threats are considered a form of criminal intimidation and can lead to severe legal consequences.

To secure a conviction for making a bomb threat, the prosecution must prove the following elements beyond a reasonable doubt:

1. Threat of Explosive Device: The defendant must have made a threat to use a bomb or explosive device.
2. Intent to Cause Fear: The threat must have been made with the intent to cause fear, panic, or disruption.
3. Communication of Threat: The threat must have been communicated to another person or entity, such as a law enforcement agency or the intended target.

Related Offenses

Bomb threats are related to several other serious criminal offenses, including:

1. Terroristic Threats – NRS 202.448
2. Threatening or Harassing Communication – NRS 200.575
3. False Reporting of a Bomb or Explosive Device – NRS 202.350
4. Explosives and Bombs – NRS 202.300
5. Criminal Threats – NRS 200.481

Examples

Examples can help clarify how bomb threats are applied under Nevada law:

• Example 1: A person calls in a bomb threat to a school, claiming that a bomb has been planted and will detonate. This causes an evacuation and significant disruption. The person making the threat could be charged under NRS 202.840, regardless of whether the threat was real or fabricated.
• Example 2: An individual sends an email threatening to bomb a public building as a prank. The email causes alarm and leads to a police investigation. Even if the threat was not intended to be taken seriously, the person may face charges under this statute.

Defenses to Bomb Threats

When defending against a charge of making a bomb threat, several potential strategies can be employed:

1. Lack of Intent: Demonstrating that the defendant did not have the intent to cause fear or panic can be a viable defense. This might involve proving that the threat was made in jest or without a serious intent.
2. False Accusation: If the defendant can show that the accusation is false or that they were misidentified, it may be possible to have the charges dismissed.
3. Insufficient Evidence: Challenging the evidence presented by the prosecution, such as proving that the alleged threat was not actually made or did not cause the required level of disruption, can be crucial.

Potential Penalty for Bomb Threats

In Nevada, making a bomb threat is classified as a Category B Felony. The penalties for a Category B Felony may include:

• Imprisonment: 2 to 15 years in the Nevada Department of Corrections.
• Fines: Up to $15,000.
• Restitution: Possible restitution for costs associated with the threat, such as emergency response and property damage.

The exact sentence will depend on various factors, including the specifics of the threat and the defendant’s criminal history.

Criminal Defense for Bomb Threats

When facing charges for making a bomb threat, it is crucial to have an experienced criminal defense attorney. Joshua Tomsheck is a highly respected criminal defense lawyer with extensive experience in handling complex and serious criminal cases. As a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada, he has the expertise needed to provide a robust defense.

Mr. Tomsheck is a Life Member of the National Association of Criminal Defense Lawyers and has been recognized as a Mountain State’s Super Lawyer. His career includes hundreds of complete dismissals and acquittals at trial, demonstrating his skill in defending against serious charges.

For more information about defending against bomb threat charges in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today.