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Judge Will Not Dismiss MIT Hoax Device Case

March 22, 2008 by Patrick Donovan

A judge at the East Boston District court declined to dismiss the case of the MIT student charged with a hoax device at Logan Airport. Lawyers for the girl charged argued that the staute she was being charged under was to vague and therefore the case should be dismissed. The judge disagreed and the case is schedule to go to trial in May.

Massachusetts law states that it is illegal for:
Whoever possesses, transports, uses or places or causes another to knowingly or unknowingly possess, transport, use or place any hoax device or hoax substance with the intent to cause anxiety, unrest, fear or personal discomfort to any person or group of persons shall be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than five years or by a fine of not more than $5,000, or by both such fine and imprisonment.

(b) For the purposes of this section, the term “hoax device” shall mean any device that would cause a person reasonably to believe that such device is an infernal machine. For the purposes of this section, the term “infernal machine” shall mean any device for endangering life or doing unusual damage to property, or both, by fire or explosion, whether or not contrived to ignite or explode automatically. For the purposes of this section, the words “hoax substance” shall mean any substance that would cause a person reasonably to believe that such substance is a harmful chemical or biological agent, a poison, a harmful radioactive substance or any other substance for causing serious bodily injury, endangering life or doing unusual damage to property, or both.
If you know someone charged with a crime contact Attorney Patrick Donovan.

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