Falsely Reporting an Emergency is Very Illegal
When someone reports an emergency, first responders and relevant agencies are dispatched to handle the situation. However, intentionally making a false emergency report wastes taxpayer money and ties up services that could be needed elsewhere.
Penal Code 148.3 PC
Falsely reporting an emergency under California Penal Code 148.3 PC is illegal. This misdemeanor offense applies when someone makes a false emergency report that results in a response from emergency vehicles, an amber alert, or an evacuation. A conviction can lead to a year in a county jail and a $1,000 fine.
Penal Code 148.3 PC defines falsely reporting an emergency as: Anyone who knowingly makes or prompts the making of a false emergency report to any city, county, or state department, district, agency, division, commission, or board is committing a misdemeanor crime.
Subsection (b) of PC 148.3 states that anyone who falsely reports an emergency, knowing or reasonably should have known that the response would likely cause severe physical injury or death, is guilty of a felony offense, punishable by a fine of up to $10,000 and jail time.
Related Offenses Involving 911
Falsely Reporting a Fire (Penal Code 148.4 PC)
This offense occurs when someone calls 911 and falsely claims a fire is at a specific location. It also includes falsely triggering a fire alarm.
Bomb Threats (Penal Code 148.1 PC)
This involves placing a suspicious-looking package in a public place, such as under a bus bench, and then calling 911 to report a bomb threat.
False Report of a Crime (Penal Code 148.5 PC)
This offense happens when someone intentionally lies to law enforcement about being the victim of a crime, knowing that it never occurred, and reports it through 911.
False Identification to a Peace Officer (Penal Code 148.9 PC)
This occurs when someone provides false identification or information to a police officer, either verbally or by presenting fake identification, often during an encounter initiated through a 911 call.
What Happens If You Prank Call 911?
Immediate Consequences
Whether the dispatcher recognizes the call as a prank or not, you will face consequences from local law enforcement. The only difference may be whether you have an angry EMS team show up at your location.
Tracking You Down
When you call 911, you cannot hide your caller ID. Emergency services need your information immediately to respond quickly. They use a white pages directory to find your name and last known address. Typically, they will try to locate you based on the information you provide during the call. If those methods fail, they will contact your service provider for assistance.
Regardless of the method, they will always attempt to find your location. Once they determine it was a prank call, they will investigate further. Prank calls are detrimental to 911 services, and they aim to stop such behavior promptly.
Extensive Interrogation
Expect a thorough lecture from the authorities. Whether the prank is minor (pretending to have a heart attack) or major (claiming there is a bomb at a fake address), both will be treated with equal seriousness.
Legal Consequences
You will be responsible for any costs incurred during the emergency response, including ambulance, fire trucks, and property damage. The punishment varies by state but can include a fine of up to $1,000 and a year in county jail. If the prank call is classified as a felony, you could face a fine of up to $10,000 and up to three years in county jail.
Possible Legal Defenses for False Reporting of an Emergency
To secure a conviction, a prosecutor must prove that a false report was made with full knowledge that the information was incorrect. The best defense will focus on the specifics of your case. However, several common defense strategies can be utilized:
Lack of Intent
You may not have knowingly triggered an emergency response. For instance, if you jokingly told someone that your friend might hurt somebody without expecting them to call 911, it shows no intent to report an emergency falsely.
Mistake of Fact
For a conviction, it must be shown that you knowingly made a false report. If you had a valid reason to believe there was a real emergency when you called 911, there was no intent to deceive.
Actual Emergency Existed
If there was a genuine emergency when you called 911, but it was resolved before first responders arrived, this could serve as a defense.
Each of these defenses hinges on the details of your case. Consulting a criminal attorney for a case review can help identify the most suitable defense strategy if you’re facing charges for falsely reporting an emergency.
