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I agree with you. I think it is going to be tough to prove that these devices were somehow planted with the intention that they be thought to be explosive devices of some sort. Who puts lights on bombs? I agree that these guys should have come forward at the first mention of potential terror connections, but I don't think this was intended as a hoax. As for the disorderly conduct charge, if this kind of act results in a conviction for that, the statute is too broad. Perhaps some sort of civil action would be possible, though.

See post 46. Placing a bill, advertisement or device on a lamp post or bridge IS a crime in Massachusetts, although not a very big one. Defacing property is also a crime - if placing a magnet on property can be considered defacing, the duo can go to jail and lose their drivers license for a year.

If the hoax charges against the men can stick, I could see the marketing company or their officials being charged, since it is also a crime to cause another person to knowingly "possess, transport, use or place any hoax device". The marketing company paid the duo to place the devices and even told them where to put the devices.