(1) A person commits the crime of possession of a hoax destructive device if the person knowingly places another person in fear of serious physical injury by: (a) Possessing, manufacturing, selling, delivering, placing or causing to be placed a hoax destructive device; or (b) Sending a hoax destructive device to another person. (2) Possession of a hoax destructive device is a Class A misdemeanor. (3) Notwithstanding subsection (2) of this section, possession of a hoax destructive device is a Class C felony if a person possesses, or threatens to use, a hoax destructive device while the person is committing or attempting to commit a felony. (4) As used in this section, hoax destructive device means an object that reasonably appears, under the circumstances: (a) To be a destructive device, as described in ORS 166.382 (1)(a), or an explosive, as defined in ORS 166.660, but is an inoperative imitation of a destructive device or explosive; or (b) To contain a destructive device, as described in ORS 166.382 (1)(a), or an explosive, as defined in ORS 166.660. (Duties of Firearm Owners and Possessors)
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