1. A person shall not knowingly manufacture, purchase, possess, sell, advertise for sale or transport a hoax bomb with the intent to:

(a) Make a reasonable person believe that the hoax bomb is an explosive or incendiary device;

(b) Cause alarm or reaction by an officer, an employee or a volunteer of a public safety agency; or

(c) Cause the evacuation of any private or public building, whether or not any threat has been conveyed.

2. A person who violates subsection 1:

(a) Is guilty of a gross misdemeanor, unless a greater penalty is provided pursuant to paragraph (b) or (c).

(b) In a manner that causes the evacuation of any private or public building, is guilty of a category E felony and shall be punished as provided in NRS 193.130, unless a greater penalty is provided pursuant to paragraph (c).

(c) In the furtherance of any other crime punishable as a felony, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

3. This section does not prohibit:

(a) The purchase, possession, sale, advertising for sale, transportation or use of a military artifact, if the military artifact is harmless or inert, unless the military artifact is used to make a reasonable person believe that the military artifact is an explosive or incendiary device.

(b) The authorized manufacture, purchase, possession, sale, transportation or use of any material, substance or device by a member of the Armed Forces of the United States, a fire department or a law enforcement agency if the person is acting lawfully while in the line of duty.

(c) The manufacture, purchase, possession, sale, transportation or use of any material, substance or device that is permitted by a specific statute.

4. As used in this section:

(a) “Hoax bomb” means anything that by its design, construction, content, characteristics or representation appears to be or to contain:

(1) An inoperative facsimile or imitation of an explosive or incendiary device; or

(2) An explosive or incendiary device.

(b) “Public building” has the meaning ascribed to it in NRS 203.119.

(c) “Public safety agency” has the meaning ascribed to it in NRS 239B.020.

(Added to NRS by 1991, 816; A 2001, 805; 2013, 757)