NRS § 202.840 – Nevada “Bomb Threat” Laws & Penalties

NRS 202.840 is Nevada’s bomb threat law. It prohibits willfully making a threat or maliciously passing along information you know is false about using a bomb, explosive, spring trap, or other covered dangerous device to harm people or property.

Penalties

• Category:  Category B felony.
• Prison:  1 to 6 years.
• Fines:  Possibly up to $5,000.

Defenses

• Honest mistake
• No threat
• Wrong suspect
• Illegal search

It is not a defense that no explosive existed.¹

When defending these cases, we would start with the exact words you allegedly used, the full conversation, and proof of who actually sent or said them. We would look for missing messages, mistaken identity, and innocent explanations to challenge the accusation and seek a dismissal or reduced charge.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding Nevada bomb threat laws:

• 1. Elements of NRS 202.840
• 2. Defenses
• 3. Penalties
• 4. Related Offenses
• Frequently Asked Questions

1. Elements of NRS 202.840

To convict you under NRS 202.840, Nevada prosecutors must prove beyond a reasonable doubt the following four elements:

1. You communicated a threat or information to another person, a business, an agency, or another recipient;
2. You either willfully made the threat or maliciously conveyed information you knew was false;
3. The communication concerned an attempt or supposed attempt, happening or planned, to kill, injure, or intimidate a person, or unlawfully damage or destroy a building, vehicle, aircraft, or other property; and
4. The threatened or reported act involved an explosive, bomb, spring trap, or mechanism known or commonly thought to endanger human life, limb, or safety.²

The two alternatives in the second element are different. Threatening to blow up someone’s car can be illegal even if you mean what you say. Separately, maliciously reporting a bomb you know does not exist can be illegal even if you never claim that you planted it.

The statute does not require an explosion, injury, property damage, evacuation, or a particular amount of disruption. It also does not require you to communicate directly with the person whose life or property is threatened.

Note that the bomb threat can be made by spoken statements, phone calls, texts, emails, social media posts, letters, and other forms of communication.

Examples

• Bomb threat:  Someone knowingly invents a report of a bomb at a school to frighten staff and cancel classes. The absence of a real bomb does not excuse the false report.
• Bomb threat:  Someone emails a business threatening to blow up its office. Calling the email a prank afterward does not automatically provide a defense.
• NOT a bomb threat:  A visitor sees a suspicious object and truthfully tells security what they saw and why they are concerned.

When defending you, we would compare the accusation with the original recording, message, or witness account. We would also look for proof that you were reporting a concern, quoting someone else, or discussing something that was taken out of context.

2. Defenses

In our experience, the following four elements have proven very successful with Nevada prosecutors, judges, and juries in getting NRS 202.840 charges reduced or dismissed.

1) Honest Mistake

If prosecutors accuse you of passing along false bomb information, they must prove you knew it was false and conveyed it maliciously. An honest warning about a danger you believed was real is different from a deliberately fabricated report.³

We would look for the information you received before making the report, photographs of anything suspicious, and witnesses who can explain why you believed there was a danger.

2) Lack of Threat

The First Amendment protects speech that does not qualify as a criminal threat.⁴ Saying you were joking does not automatically defeat the charge. However, the full conversation, tone, audience, and surrounding circumstances can help show that your words were misunderstood.

We would review the entire exchange and challenge any attempt to turn an isolated phrase into proof of a criminal threat.

3) Wrong Suspect

Prosecutors must prove that you made the alleged threat or false report. A phone number, account name, or screenshot may leave unanswered questions about who actually used the device or sent the message.

We would examine account access, message timestamps, available location records, recordings, and witness descriptions. We would also investigate whether someone used your account, impersonated you, or falsely accused you.

4) Illegal Search

It is not uncommon for police to make mistakes when executing a search. A motion to suppress asks the judge to keep out evidence obtained in violation of your constitutional rights.⁵

We would review how police obtained your phone, messages, and other records. If we succeed in getting some of the state’s evidence against you excluded, the D.A. may be forced to drop the case for lack of proof.

3. Penalties

Making a bomb threat in violation of NRS 202.840 is a category B felony. The statutory penalties are:

• 1 to 6 years in Nevada State Prison; and
• An optional fine of up to $5,000.⁶

Probation may be available if you are legally eligible and the judge agrees.⁷

The judge may also order restitution, meaning repayment of legally recoverable losses suffered by a victim because of the offense. NRS 202.840 does not automatically require you to pay every emergency-response expense; any requested repayment must have a legal basis.⁸

Our first goal would be to defeat the charge or negotiate a reduction when possible. If sentencing becomes necessary, we would seek the laxest possible penalties by presenting helpful information about your background, work, family responsibilities, and any appropriate treatment. We would also challenge unsupported loss claims.

4. Related Offenses

Terrorist threats

Terrorist threats (NRS 202.448) concerns threats or false information involving terrorism, weapons of mass destruction, specified lethal agents, or toxins. It also requires a listed intent, such as injuring, intimidating, or alarming someone; causing panic; extorting or profiting; or interfering with operations or causing damage. It is a category B felony carrying 2 to 20 years in prison and a possible fine of up to $5,000.⁹

A bomb threat is not automatically a terrorist threat. Each offense has its own requirements, and prosecutors must prove the crime they charge.

Other Crimes

• Harassment (NRS 200.571): Certain knowing threats that place the recipient in reasonable fear that the threat will be carried out.
• Stalking (NRS 200.575): A certain course of conduct causing fear, intimidation, harassment, or terror.
• Explosive devices — NRS 202.260: Unlawfully possessing, making, or transferring an explosive or incendiary device with the intent to destroy life or property.
• Hoax bombs — NRS 202.263: Certain knowing activities involving a fake bomb, with the intent to make a reasonable person believe it is real, cause a public safety response, or cause a building evacuation.
• Property damage involving explosives — NRS 202.830: Maliciously damaging or destroying, attempting to damage or destroy, or conspiring to damage or destroy specified property with explosives.¹⁰

Frequently Asked Questions

Is making a bomb threat a felony in Nevada?

Yes. Violating NRS 202.840 is a category B felony carrying 1 to 6 years in state prison and a possible fine of up to $5,000. The law covers both willful threats and malicious reports you know are false.

We would review the exact accusation and evidence before discussing a plea. Our goal would be to find grounds for dismissal or a reduction and protect you from an unnecessary felony conviction.

Can I be convicted if there was no actual bomb?

Yes. NRS 202.840 does not require an actual bomb, explosion, injury, or evacuation. A maliciously fabricated bomb report or a criminal bomb threat can violate the law even when no device exists.

We would focus on what prosecutors still must prove, including who made the communication and the required state of mind. The absence of a bomb does not end the case, but neither does an alarming accusation prove guilt.

What if I was only joking?

Calling a statement a joke does not automatically make it legal. For a true-threat prosecution, the First Amendment requires proof of at least reckless awareness that the words would be understood as threatening violence. Prosecutors must also prove the statute’s requirements.

We would examine the full conversation, tone, audience, and surrounding events. Messages before and after the disputed statement may help show that police misunderstood what you said.

Can I get probation for a Nevada bomb threat?

Possibly. NRS 202.840 does not itself prohibit probation, but eligibility depends on other sentencing rules and your circumstances. The judge decides whether to grant it; a first offense does not guarantee probation.

If probation is available, we would present your background and a practical plan for meeting the court’s conditions. We would also pursue dismissal or a reduced charge when the evidence gives us a basis to do so.

Can I be charged for honestly reporting a suspected bomb?

An honest safety report is different from a malicious report you know is false. If you genuinely believe there is a danger and report it in good faith, you should not be found guilty under NRS 202.840.

We would preserve the messages, photographs, witness accounts, or other information that led you to report the danger. That evidence can help show you were trying to protect people.

What should I do if police accuse me of making a bomb threat?

You have the right to remain silent and seek legal counsel. Tell officers you want to remain silent and speak with a lawyer before answering questions about the accusation. Preserve relevant messages and records, and comply with any court orders.

We would review the allegation, help preserve evidence, and advise you before any interview. Avoid deleting messages or contacting the person who accused you to argue about the case.

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