Hoax devices and infernal machines

Wired looks at the law under which Peter Beredovsky was charged regarding the Boston Mooninite lights:

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.

Note the requirement of intent, which should be impossible to prove--it's clear the intent was to promote the Aqua Teen Hunger Force movie, not to cause panic. But this law also requires that the object being planted be a "hoax device," which is defined as:

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.

That's a nice term, "infernal machine"--it sounds like something demonic, perhaps appropriate for a state that still has blasphemy laws on the books. Here again, the law is clearly in Beredovsky's favor. There is no way that a person would reasonably believe that the magnetic lights depicting Mooninite characters were "infernal machines"--devices designed to ignite or explode.

I predict the authorities will drop the charges rather than go through the further embarrassment of a trial.