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How Can You Be Prosecuted For a Hoax?

Henry Wade | November 18, 2009

It is very likely that you are already familiar with the details of “the balloon boy,” as he is typically referred to now, and the story of his family’s quest for their 15 minutes of fame. If not, allow me to recap the events as they stand now for you:

On October 15, 2009, Colorado authorities and local news channels were alerted that a young boy, Falcon Heene, had climbed into a Mylar balloon his parents had made, and that the balloon had become untied from its secure location in the family’s backyard. For the entire afternoon, people across the county watched as television crews followed the flight of the balloon, until it made its final decent in a field in Colorado. After discovering that 6-year-old Falcon was not inside the balloon, authorities launched air and ground searches.

Where was Falcon the entire time? In his attic playing with toys and napping. The stories that surfaced in the proceeding days proved contradictory to one another. Finally, nine days after initially alerting authorities, the boy’s mother, Mayumi, confessed that it had all been a hoax. Every detail had been carefully thought out and executed to make the family appear more marketable to television executives. The family hoped to gain enough exposure so that they would be offered their own reality-TV show, and even instructed their three sons to lie to authorities.

It is unclear, as of this writing, how the couple will be punished, and what legal ramifications they will face. Texas criminal defense lawyer Henry Wade of The Wade Law Firm, says that he doesn’t doubt that the Heene parents will receive some penalties, but that being prosecuted for a hoax is not a common charge that most lawyers come across.

What are grounds for being prosecuted for a hoax?

There are a few ways, Wade explains, that you can be charged after participating in a hoax, many of which the Heene’s may face.

  • If you alert 911 of an emergency that you know does not exist, then you may face punishment.
  • When you are questioned by police about the alleged event that took place, and provide them with fabricated details, then you may be charged on a state level.
  • If your hoax causes airplanes to be diverted from airports, then you are breaking federal laws.
  • In fact, if you interfere with any form of federal transportation, then the federal government may have grounds to prosecute you.
  • You can also face civil liability charges for expenses that were paid as a result of your claim. In the Heene’s case, this would mean repaying the state of Colorado for the cost of searching for their son, when they knew all along that he was safe.

About Henry Wade

Author Name

Henry Wade has been practicing law in Texas for over 20 years. He received a Bachelor of Business Administration degree from Southern Methodist University in 1977 and graduated magna cum laude from Texas Tech University School of Law in 1988. In 1988, Wade was licensed by the State Bar of Texas and is a member of the Dallas Bar Association, State Bar of Texas, Texas Criminal Defense Lawyers Association and National Association of Criminal Defense Lawyers. Serving as an assistant district attorney in Dallas and Bell counties from 1989 to 1991, Wade was the felony prosecutor in over 100 jury trials, including murder, aggravated robbery and drug distribution. From 1995 to 1998, he served as judge of County Criminal Court No.1 in Dallas County and was elected by his peers as local administrative judge to oversee both criminal and civil county courts. In 1996, he was elected as judge of the 292nd Judicial District Court in Dallas County and handled felony cases ranging from theft to capital murder and presided over plea negotiations, bench trials and jury trials. Since 2007, Wade has been a member of The Wade Law Firm, P.C. as a general trial attorney with an emphasis on criminal litigation at both the state and federal levels. He is qualified as an expert witness and has testified in criminal law matters.

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