(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. [1997 c.749 §1]