Amend Article 4 of Chapter 7 of Title 16. Relating to bombs, explosives, and chemical and biological weapons. This bill would expand the crime of hoax devises and increase the penalties association with them. It shall be unlawful to manufacture, possess, transport, distribute, place, or use a hoax device or replica with the intent to cause or which causes another to believe that such hoax is or contains a destructive device. Any person convicted shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $10,000 or both, or if the defendant is a corporation, a fine of not less than $1,000 or not fewer than 400 hours of community service or both for each such hoax device or replica; provided, however, that if such person communicates or transmits to another that such hoax device or replica is a destructive device detonator with the intent to obtain the property of another person or to interfere wit the ability another person to conduct or carry on the ordinary course of business, trade, education, or government, such violation shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $25,000 or both, or, if the defendant is a corporation, a fine of not less than $50,000 or not fewer than 2,000 nor more than 10,000 hours of community service or both for each such device. For purposes of restitution, the court shall consider damages to include any reasonable cost incurred or financial loss suffered by local, county, or state public safety agencies, and profit or nonprofit entities, that provide emergency assistance to an incident or investigation resulting from a violation of the is Code section. Such damages shall include the provision of police, fire, rescue, and EMS and the salaries of such persons who respond to such incident. .
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