§54.5.  Fake explosive device

A.  It shall be unlawful for any person to manufacture, possess, have under his control, buy, sell, mail, send to another person, or transport a fake explosive device, if the offender knowingly and intentionally:

(1)  Influences the official conduct or action of an official or any personnel of a public safety agency; or

(2)  Threatens to use the fake explosive device while committing or attempting to commit any felony.  

B.  For purposes of this Section the following words shall have the following meanings:

(1)  A "fake explosive device" means any device or object that by its design, construction, content, or characteristics appears to be or to contain an explosive, an explosive compound or mixture with a detonator or initiator, or both, but is, in fact, an inoperative facsimile or imitation of such a destructive device, bomb, or explosive as defined in R.S. 14:54.3.  

(2)  A "public safety agency" means the Department of Public Safety and Corrections, a fire department, an emergency medical or rescue service, a law enforcement agency, or a volunteer agency organized to deal with emergencies.  

C.  Whoever violates the provisions of this Section shall be imprisoned at hard labor for not more than five years and shall be fined an amount equal to the costs of any law enforcement investigation or emergency response which results from the commission of the offense.  

D.  Provisions of this Section shall not apply to authorized military, police, and fire operations and training exercises.  

Acts 1991, No. 832, §1, eff. July 23, 1991.