Kentucky Statutes 519.040 – Falsely reporting an incident
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(1) A person is guilty of falsely reporting an incident when the person:
(a) Knowingly causes a false alarm of fire or other emergency to be transmitted to or within any organization, official or volunteer, that deals with emergencies involving danger to life or property, and the false report results in an emergency response; or
For details, see § 532.060 and § 532.090
(b) Reports to law enforcement authorities an offense or incident within their official concern knowing that it did not occur; or
(c) Furnishes law enforcement authorities with information allegedly relating to an offense or incident within their official concern when the person knows he or she has no information relating to such offense or incident; or
(d) Knowingly gives false information to any law enforcement officer with intent to implicate another; or
(e) Initiates or circulates a report or warning of an alleged occurrence or impending occurrence of a fire or other emergency under circumstances likely to cause public inconvenience or alarm when the person knows the information reported, conveyed, or circulated is false or baseless, and the false report results in an emergency response.
(2) (a) Falsely reporting an incident under subsection (1)(b), (c), or (d) of this section is a Class A misdemeanor.
(b) Falsely reporting an incident under subsection (1)(a) or (e) of this section is a
Class D felony.
(3) Any violation under this section may be prosecuted in any county where: (a) The defendant resides;
(b) The false report was communicated; or
(c) There was an emergency response to the false report.
(4) (a) The court, in imposing a sentence on a defendant who has been convicted of any offense under this section, shall order restitution to:
1. Any agency or organization for the reasonable costs of the emergency response incurred by that agency or organization resulting from the false report; and
2. Any person who suffered damages caused by the agency or organization that provided an emergency response.
(b) An order of restitution under this subsection shall, for the purpose of enforcement, be treated as a civil judgment.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 148, sec. 2, effective July 14, 2022. — Created
1974 Ky. Acts ch. 406, sec. 166, effective January 1, 1975.
(a) Knowingly causes a false alarm of fire or other emergency to be transmitted to or within any organization, official or volunteer, that deals with emergencies involving danger to life or property, and the false report results in an emergency response; or
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 519.040
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Emergency response: means a response by two (2) or more first responders to a reported incident that:
(a) Is of such an emergent nature that the exemptions provided under KRS
189. See Kentucky Statutes 519.010 - Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) Reports to law enforcement authorities an offense or incident within their official concern knowing that it did not occur; or
(c) Furnishes law enforcement authorities with information allegedly relating to an offense or incident within their official concern when the person knows he or she has no information relating to such offense or incident; or
(d) Knowingly gives false information to any law enforcement officer with intent to implicate another; or
(e) Initiates or circulates a report or warning of an alleged occurrence or impending occurrence of a fire or other emergency under circumstances likely to cause public inconvenience or alarm when the person knows the information reported, conveyed, or circulated is false or baseless, and the false report results in an emergency response.
(2) (a) Falsely reporting an incident under subsection (1)(b), (c), or (d) of this section is a Class A misdemeanor.
(b) Falsely reporting an incident under subsection (1)(a) or (e) of this section is a
Class D felony.
(3) Any violation under this section may be prosecuted in any county where: (a) The defendant resides;
(b) The false report was communicated; or
(c) There was an emergency response to the false report.
(4) (a) The court, in imposing a sentence on a defendant who has been convicted of any offense under this section, shall order restitution to:
1. Any agency or organization for the reasonable costs of the emergency response incurred by that agency or organization resulting from the false report; and
2. Any person who suffered damages caused by the agency or organization that provided an emergency response.
(b) An order of restitution under this subsection shall, for the purpose of enforcement, be treated as a civil judgment.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 148, sec. 2, effective July 14, 2022. — Created
1974 Ky. Acts ch. 406, sec. 166, effective January 1, 1975.