NYSentencing

§ 240.62 Placing  a  false  bomb  or  hazardous  substance  in the first
             degree.
    A person is guilty of placing a false bomb or hazardous  substance  in
  the  first  degree  when he or she places, or causes to be placed, in or
  upon school grounds, a public building, or a public place any device  or
  object  that  by  its  design,  construction, content or characteristics
  appears to be or to contain, a bomb, destructive  device,  explosive  or
  hazardous  substance,  but  is,  in  fact,  an  inoperative facsimile or
  imitation of such a bomb, destructive  device,  explosive  or  hazardous
  substance and which he or she knows, intends or reasonably believes will
  appear  to  be  a  bomb,  destructive  device,  explosive  or  hazardous
  substance under circumstances in which it  is  likely  to  cause  public
  alarm  or  inconvenience.  For purposes of this section the term "public
  building" shall have the meaning set forth in section four  hundred  one
  of the executive law.
    Placing  a  false bomb or hazardous substance in the first degree is a
  class D felony.
with Argument