Ahmed Mohamed and the Hoax Bomb Confusion – Sherman & Plano, TX Criminal Defense Lawyer (Part 3)

Importantly, the Penal Code does not define what an “explosive or incendiary device” is, which is a big problem in prosecuting a hoax bomb case. The legislature needs to revisit this issue and make the definitions more clear. Under 46.01(2), “‘Explosive weapon’ means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon.” This is more specific but it is not incorporated into the hoax bomb definition or statute. It probably needs to be, so the legislature needs to diligently review this Penal Code section if it wants to make an enforceable offense. Jurors are allowed to use plain meaning to define terms that are not defined in the code, but isn’t “explosive device” and “incendiary device” a little overbroad?

It appears that there certainly is little or no case against Mr. Mohamed, and the government might have a hard time legitimately prosecuting this statute if a hoax bomb as intended to be defined does pop up.

So, Mr. Mohamed, keep working on your dreams. I see a scholarship in your future if you are truly interested in engineering and science. But, any time you bring a unique device to school, let them know ahead of time so everyone is on the same page. There is certainly a level of profiling of Arab Americans and Muslim Americans since 9-11 both nationally and internationally, so you must be aware of this in your endeavors. Use your new celebrity for the good of mankind, however you see best to do so.