6.622 — FALSE PUBLIC ALARM

Violations of "Statute 6.622" results in a Class B Misdemeanor

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(a) Definitions

False Public Alarm refers to the act of knowingly making, or causing, a false emergency report or communication that induces unnecessary panic, fear, or response from emergency services, the public, or the authorities. This includes but is not limited to false calls to emergency services, hoax bomb threats, false reports of criminal activity, or any intentional or reckless actions that lead to the unnecessary dispatch of emergency personnel or public disruption.

(b) Elements

To establish the offense of false public alarm, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant knowingly communicated a false emergency or threat of an emergency (e.g., a bomb threat, active shooter situation, or fire alarm) to authorities, emergency responders, or the public.

• The defendant had knowledge that the information provided was false, or the defendant acted recklessly with disregard to the truth of the emergency information.

• The defendant's actions caused or had the potential to cause a public response, such as the dispatch of emergency personnel, the evacuation of public spaces, or the initiation of a public safety response.

• The defendant was not authorized by law to make such a report or alarm and did not have reasonable belief that an emergency or public threat existed.

(c) Defenses

Defenses against a charge of false public alarm may include:

1. The defendant had reasonable belief that the emergency or alarm was real at the time of reporting, and the false alarm was unintentional.

2. The false report did not result in any disruption, panic, or the need for emergency services, and no significant harm was caused to the public or emergency personnel.

3. The defendant was genuinely mistaken in their belief that an emergency or public threat existed, and the circumstances were such that the defendant made a reasonable error based on available information.

4. The defendant did not willfully intend to deceive or cause panic and may have been acting under a misunderstanding or stress.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

1. Repeated Offense: The defendant has a history of making false reports or causing false public alarms, showing a pattern of intentional disruption of emergency services or public safety.

2. Significant Disruption: The false alarm resulted in the unnecessary deployment of emergency services, leading to delays, wasted resources, or disruptions to public services.

3. Intentional or Malicious Conduct: The defendant made a false alarm intentionally to cause harm, mischief, or panic, or to intentionally mislead authorities or the public.

4. Public Danger or Risk: The false public alarm was in connection with a high-profile or dangerous event (e.g., a bomb threat or active shooter report) that resulted in significant public safety concerns, evacuations, or emergency responses.

5. Financial or Property Damage: The false alarm led to significant financial loss or damage to property, whether from the unnecessary use of emergency services, the evacuation of businesses, or the disruption of public events.