New York Penal Law § 240.60 – Falsely Reporting an Incident in the First Degree

Falsely Reporting an Incident in the First Degree is a public order offense that criminalizes making false threats resulting in an emergency worker suffering serious injury or death. The crime also prohibits filing false reports of fires, explosions, or chemical spills at schools, sporting arenas, transit stations, malls, and other public places where people are likely to be present. Falsely Reporting an Incident in the 1st Degree is a class D felony.

Before a judge or jury can convict anyone of Falsely Reporting an Incident in the First Degree, the prosecution must prove each element of the offense beyond a reasonable doubt. However, there are several ways that someone can commit this offense:

1. Committing a second violation of Falsely Reporting an Incident in the Second Degree;
2. Falsely reporting a fire, explosion, chemical spill, crime or catastrophe and an emergency responder is seriously injured or killed on their way to the scene, at the scene or on their way back from the scene;
3. Falsely reporting a fire, explosion, chemical spill, crime or catastrophe and any member of the public is seriously injured or killed in an accident with an emergency responder;
4. Making false reports of a fire, explosion or chemical spill at a school during a time when people are likely to be present;
5. Making false reports of a fire, explosion or chemical spill at a stadium, mass transit station, shopping mall, or other public building or place when people are likely to be present.

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

• A defendant activates a fire alarm, and a volunteer firefighter is killed in an unrelated traffic accident while responding to the scene.
• A student calls in a false bomb threat to his or her school during school hours.
• A defendant calls in a false report of an explosion at a Dodgers home game.

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

• Falsely Reporting an Incident in the 2nd Degree – NY Penal Code § 240.55
• Falsely Reporting an Incident in the 3rd Degree – NY Penal Code § 240.50
• Making a Threat of Mass Harm – NY Penal Code § 240.78
• Placing a False Bomb or Hazardous Substance – NY Penal Code § 240.62 and § 240.63
• Disorderly Conduct – NY Penal Code § 240.20

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

• The defendant sincerely but mistakenly believed there was an emergency;
• The defendant suspected but did not know for certain that the information they reported was false; and
• The defendant’s false report was made at a time when there were no people present at the site where the emergency was alleged to have occurred.

Falsely Reporting an Incident in the First Degree is a class D felony, which carries a maximum sentence of seven years in prison.

If you face charges of making false reports, there are a number of defenses that can mitigate your exposure or result in an acquittal. However, New York prosecutors take charges related to falsely reporting an incident very seriously, and it is important to have an experienced attorney by your side every step of the way. At the NY criminal defense law firm of Tilem & Associates, P.C., our attorneys have more than four decades of experience defending individuals charged with all types of public order offenses, including falsely reporting an incident. We 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.