Falsely reporting an incident is a serious criminal offense in New York that involves knowingly providing false information about a crime, catastrophe, or emergency. The severity of the charge depends on the nature of the false report and the potential impact on public safety and emergency response. There are three degrees of falsely reporting an incident, each with increasing levels of severity and corresponding penalties.
Understanding Falsely Reporting an Incident
Falsely Reporting an Incident in the Third Degree (Class A Misdemeanor):
A person is guilty of this offense when they knowingly:
- Initiate or circulate a false report or warning of a crime, catastrophe, or emergency, causing public alarm or inconvenience.
- Report a non-existent emergency to an agency responsible for dealing with such emergencies.
- Falsely report an incident to law enforcement, including the alleged occurrence of an offense or providing false information about an actual incident.
- Report a false occurrence or condition of child abuse or maltreatment to authorities.
Falsely Reporting an Incident in the Second Degree (Class E Felony):
A person is guilty of this offense when they knowingly:
- Initiate or circulate a false report of a fire, explosion, or hazardous substance, causing public alarm or inconvenience.
- Report a non-existent fire, explosion, or hazardous substance to emergency agencies.
- Circulate false information about a fire, explosion, or hazardous substance on private premises.
Falsely Reporting an Incident in the First Degree (Class D Felony):
A person is guilty of this offense when they:
- Commit the crime of falsely reporting an incident in the second degree and have a prior conviction for that crime.
- Cause serious physical injury or death to an emergency responder due to a false report.
- Cause serious physical injury or death to any person due to a vehicular or other accident involving an emergency vehicle responding to a false report.
- Initiate or circulate a false report of a fire, explosion, or hazardous substance on school grounds or in public places, causing public alarm.
Defenses Against Falsely Reporting an Incident Michael A. Arbeit, P.C. Can Raise
- Lack of Intent: Demonstrating that there was no intention to provide false information.
- Mistaken Identity: Establishing that you were not the person responsible for making the false report.
- Insufficient Evidence: Challenging the sufficiency of the prosecution’s evidence.
- Constitutional Violations: Arguing that your rights were violated during the investigation or arrest process.
- False Accusations: Uncovering evidence that the accusations are false or fabricated.
Michael A. Arbeit, P.C. will carefully analyze the details of your case to build a robust defense strategy tailored to your unique situation.
Why Choose Michael A. Arbeit, P.C.
- Extensive Experience: Proven track record of defending clients against complex criminal charges, including falsely reporting an incident.
- Personalized Attention: Each client receives individualized attention and a defense strategy tailored to their unique case.
- Dedicated Representation: Committed to fighting for your rights and achieving the best possible outcome.
- Local Expertise: Deep understanding of the legal landscape in Long Island and New York City.
Contact Our Long Island & New York Criminal Defense Attorney for Immediate Assistance
Facing charges of falsely reporting an incident is a serious matter that requires immediate legal attention. Contact Michael A. Arbeit, P.C. to schedule a consultation and discuss your case with an experienced criminal defense attorney. We are dedicated to providing you with the legal support and guidance you need to protect your rights and secure a favorable outcome.
Michael A. Arbeit, P.C. assists clients throughout Long Island, including Nassau County, Suffolk County, Garden City, Freeport, and New York, including Queens, Brooklyn, Manhattan, Staten Island, and The Bronx.
S 240.50 Falsely reporting an incident in the third degree.
A person is guilty of falsely reporting an incident in the third
degree when, knowing the information reported, conveyed or circulated to
be false or baseless, he:
1. Initiates or circulates a false report or warning of an alleged
occurrence or impending occurrence of a crime, catastrophe or emergency
under circumstances in which it is not unlikely that public alarm or
inconvenience will result; or
2. Reports, by word or action, to an official or quasi-official agency
or organization having the function of dealing with emergencies
involving danger to life or property, an alleged occurrence or impending
occurrence of a catastrophe or emergency which did not in fact occur or
does not in fact exist; or
3. Gratuitously reports to a law enforcement officer or agency (a) the
alleged occurrence of an offense or incident which did not in fact
occur; or (b) an allegedly impending occurrence of an offense or
incident which in fact is not about to occur; or (c) false information
relating to an actual offense or incident or to the alleged implication
of some person therein; or
4. Reports, by word or action, an alleged occurrence or condition of
child abuse or maltreatment which did not in fact occur or exist to:
(a) the statewide central register of child abuse and maltreatment, as
defined in title six of article six of the social services law, or
(b) any person required to report cases of suspected child abuse or
maltreatment pursuant to subdivision one of section four hundred
thirteen of the social services law, knowing that the person is required
to report such cases, and with the intent that such an alleged
occurrence be reported to the statewide central register.
Falsely reporting an incident in the third degree is a class A misdemeanor.
S 240.55 Falsely reporting an incident in the second degree.
A person is guilty of falsely reporting an incident in the second
degree when, knowing the information reported, conveyed or circulated to
be false or baseless, he or she:
1. Initiates or circulates a false report or warning of an alleged
occurrence or impending occurrence of a fire, explosion, or the release
of a hazardous substance under circumstances in which it is not unlikely
that public alarm or inconvenience will result;
2. Reports, by word or action, to any official or quasi-official
agency or organization having the function of dealing with emergencies
involving danger to life or property, an alleged occurrence or impending
occurrence of a fire, explosion, or the release of a hazardous substance
which did not in fact occur or does not in fact exist; or
3. Knowing the information reported, conveyed or circulated to be
false or baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates a
report or warning of an alleged occurrence or an impending occurrence of
a fire, an explosion, or the release of a hazardous substance upon any
private premises.
Falsely reporting an incident in the second degree is a class E felony.
S 240.60 Falsely reporting an incident in the first degree.
A person is guilty of falsely reporting an incident in the first
degree when he:
1. commits the crime of falsely reporting an incident in the second
degree as defined in section 240.55 of this article, and has previously
been convicted of that crime; or
2. commits the crime of falsely reporting an incident in the third
degree as defined in subdivisions one and two of section 240.50 of this
article or falsely reporting an incident in the second degree as defined
in subdivisions one and two of section 240.55 of this article and
another person who is an employee or member of any official or
quasi-official agency having the function of dealing with emergencies
involving danger to life or property; or who is a volunteer firefighter
with a fire department, fire company, or any unit thereof as defined in
the volunteer firefighters` benefit law; or who is a volunteer ambulance
worker with a volunteer ambulance corporation or any unit thereof as
defined in the volunteer ambulance workers` benefit law suffers serious
physical injury or is killed in the performance of his or her official
duties in traveling to or working at or returning to a firehouse, police
station, quarters or other base facility from the location identified in
such report; or
3. commits the crime of falsely reporting an incident in the third
degree as defined in subdivisions one and two of section 240.50 of this
article or falsely reporting an incident in the second degree as defined
in subdivisions one and two of section 240.55 of this article and
another person suffers serious physical injury or is killed as a result
of any vehicular or other accident involving any emergency vehicle which
is responding to, operating at, or returning from the location
identified in such report.
4. An emergency vehicle as referred to in subdivision three of this
section shall include any vehicle operated by any employee or member of
any official or quasi-official agency having the function of dealing
with emergencies involving danger to life or property and shall include,
but not necessarily be limited to, an emergency vehicle which is
operated by a volunteer firefighter with a fire department, fire
company, or any unit thereof as defined in the volunteer firefighters`
benefit law; or by a volunteer ambulance worker with a volunteer
ambulance corporation, or any unit thereof as defined in the volunteer
ambulance workers` benefit law.
5. Knowing the information reported, conveyed or circulated to be
false or baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates a
report or warning of an alleged occurrence or an impending occurrence of
a fire, an explosion, or the release of a hazardous substance upon
school grounds and it is likely that persons are present on said
grounds.
6. Knowing the information reported, conveyed or circulated to be
false or baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates a
report or warning of an alleged occurrence or impending occurrence of a
fire, explosion or the release of a hazardous substance in or upon a
sports stadium or arena, mass transportation facility, enclosed shopping
mall, any public building or any public place, and it is likely that
persons are present. For purposes of this subdivision, the terms “sports
stadium or arena, mass transportation facility or enclosed shopping
mall” shall have their natural meaning and the term “public building”
shall have the meaning set forth in section four hundred one of the
executive law.
Falsely reporting an incident in the first degree is a class D felony.