Utah Code 76-9-202. Emergency reporting — Interference — False report
Current as of: 2024 | Check for updates
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(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 76-9-202
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) As used in this section:
(1)(a)(i) “Emergency” means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential to the preservation of human life or property.
(1)(a)(ii) “Party line” means a subscriber’s line or telephone circuit:
(1)(a)(ii)(A) that consists of two or more connected main telephone stations; and
(1)(a)(ii)(B) where each telephone station has a distinctive ring or telephone number.
(1)(b) Terms defined in Sections 76-1-101.5 apply to this section.
(2) An actor is guilty of emergency reporting abuse if the actor:
(2)(a) intentionally refuses to yield or surrender the use of a party line or a public pay telephone to another individual upon being informed that the telephone is needed to report a fire or summon police, medical, or other aid in case of emergency, unless the telephone is likewise being used for an emergency call;
(2)(b) asks for or requests the use of a party line or a public pay telephone on the pretext that an emergency exists, knowing that no emergency exists;
(2)(c) except as provided in Subsection (2)(d), reports an emergency or causes an emergency to be reported, through any means, to a public, private, or volunteer entity whose purpose is to respond to fire, police, or medical emergencies, when the actor knows the reported emergency does not exist;
(2)(d) makes a false report, or intentionally aids, abets, or causes another person to make a false report, through any means to an emergency response service, including a law enforcement dispatcher or a 911 emergency response service, if the false report claims that:
(2)(d)(i) an emergency exists or will exist;
(2)(d)(ii) the emergency described in Subsection (2)(d)(i) involves an imminent or future threat of serious bodily injury, serious physical injury, or death; and
(2)(d)(iii) the emergency described in Subsection (2)(d)(i) is occurring or will occur at a specified location; or
(2)(e) makes a false report after having previously made a false report, or intentionally aides, abets, or causes a third party to make a false report, to an emergency response service, including a law enforcement dispatcher or a 911 emergency response service, alleging a violation of Section 63G-31-302 regarding a sex-designated changing room.
(3)
(3)(a) A violation of Subsection (2)(a) or (b) is a class C misdemeanor.
(3)(b) A violation of Subsection (2)(c) is a class B misdemeanor, except as provided under Subsection (3)(c).
(3)(c) A violation of Subsection (2)(c) is a second degree felony if the report is regarding a weapon of mass destruction, as defined in Section 76-10-401 .
(3)(d) A violation of Subsection (2)(d)is a second degree felony .
(3)(e) A violation of Subsection (2)(e) is a class B misdemeanor.
(4)
(4)(a) In addition to another penalty authorized by law, a court shall order an actor convicted of a violation of this section to reimbursea federal, state, or local unit of government, or a private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation.
(4)(b) The court may order that the defendant pay less than the full amount of the costs described in Subsection (4)(a) only if the court states on the record the reasons why the reimbursement would be inappropriate.