New York Penal Law § 240.55 – Falsely Reporting an Incident in the Second Degree

Falsely Reporting an Incident in the Second Degree is a public order offense that prohibits the reporting of an emergency when the person making the report knows that there is no actual threat of harm and that the public by become alarmed or inconvenienced as a result of the report. Falsely Reporting an Incident in the 2nd Degree is a class E felony.

Before a judge or jury can convict anyone of Falsely Reporting an Incident in the Second Degree, the prosecution must prove each element of the offense beyond a reasonable doubt.

The elements of Falsely Reporting an Incident in the Second Degree are:

1. The defendant initiated or circulated a false report of a fire, explosion or the release of a hazardous substance;
2. The defendant made the report under circumstances such that it was not unlikely that public alarm or inconvenience would result; and
3. The defendant knew that the information they reported was false or without a factual basis.

Notably, the New York false reporting law does not require the report to be in writing; verbal reports are sufficient.

Examples of Falsely Reporting an Incident in the Second Degree include:

• A defendant activates a fire alarm at a crowded music venue when they have no reason to believe there was a fire.
• A student calls in a false bomb threat to his or her school before school opens because they forgot to study for an exam.
• A defendant helps another person disseminate a false warning of a chemical spill.

Often, prosecutors bring charges of Falsely Reporting an Incident in the Second Degree along with one or more of the following offenses:

• Falsely Reporting an Incident in the 1st Degree – NY Penal Code § 240.60
• Falsely Reporting an Incident in the 3rd Degree – NY Penal Code § 240.50
• Disorderly Conduct – NY Penal Code § 240.20
• Placing a False Bomb or Hazardous Substance – NY Penal Code § 240.62 and § 240.63
• Making a Threat of Mass Harm – NY Penal Code § 240.78

The defenses to Falsely Reporting an Incident in the Second Degree include:

• The defendant mistakenly believed there was a fire, explosion or chemical spill;
• The defendant’s actions did not result in a significant disruption; or
• The defendant’s report was so obviously in jest that no reasonable person would find the report to be true.

Falsely Reporting an Incident in the Second Degree is a class E felony, punishable by a maximum term of four years in prison. However, if you have a prior conviction for Falsely Reporting an Incident in the Second Degree and you are arrested for similar conduct, you will be charged with Falsely Reporting an Incident in the Second Degree, which is a class D felony, punishable by up to seven years in prison.

If you were recently arrested for making false reports, it is important that you understand the various defenses that may be available to you. At the New York criminal defense law firm of Tilem & Associates, P.C., our lawyers have over 40 years of combined experience aggressively defending clients charged with public order offenses, including falsely reporting an incident. Our NY criminal defense attorneys are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.