§ 240.60 Falsely reporting an incident in the first degree.
A person is guilty of falsely reporting an incident in the first
degree when he:
1. commits the crime of falsely reporting an incident in the second
degree as defined in section 240.55 of this article, and has previously
been convicted of that crime; or
2. commits the crime of falsely reporting an incident in the third
degree as defined in subdivisions one and two of section 240.50 of this
article or falsely reporting an incident in the second degree as defined
in subdivisions one and two of section 240.55 of this article and
another person who is an employee or member of any official or
quasi-official agency having the function of dealing with emergencies
involving danger to life or property; or who is a volunteer firefighter
with a fire department, fire company, or any unit thereof as defined in
the volunteer firefighters’ benefit law; or who is a volunteer ambulance
worker with a volunteer ambulance corporation or any unit thereof as
defined in the volunteer ambulance workers’ benefit law suffers serious
physical injury or is killed in the performance of his or her official
duties in traveling to or working at or returning to a firehouse, police
station, quarters or other base facility from the location identified in
such report; or
3. commits the crime of falsely reporting an incident in the third
degree as defined in subdivisions one and two of section 240.50 of this
article or falsely reporting an incident in the second degree as defined
in subdivisions one and two of section 240.55 of this article and
another person suffers serious physical injury or is killed as a result
of any vehicular or other accident involving any emergency vehicle which
is responding to, operating at, or returning from the location
identified in such report.
4. An emergency vehicle as referred to in subdivision three of this
section shall include any vehicle operated by any employee or member of
any official or quasi-official agency having the function of dealing
with emergencies involving danger to life or property and shall include,
but not necessarily be limited to, an emergency vehicle which is
operated by a volunteer firefighter with a fire department, fire
company, or any unit thereof as defined in the volunteer firefighters’
benefit law; or by a volunteer ambulance worker with a volunteer
ambulance corporation, or any unit thereof as defined in the volunteer
ambulance workers’ benefit law.
5. Knowing the information reported, conveyed or circulated to be
false or baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates a
report or warning of an alleged occurrence or an impending occurrence of
a fire, an explosion, or the release of a hazardous substance upon
school grounds and it is likely that persons are present on said
grounds.
6. Knowing the information reported, conveyed or circulated to be
false or baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates a
report or warning of an alleged occurrence or impending occurrence of a
fire, explosion or the release of a hazardous substance in or upon a
sports stadium or arena, mass transportation facility, enclosed shopping
mall, any public building or any public place, and it is likely that
persons are present. For purposes of this subdivision, the terms “sports
stadium or arena, mass transportation facility or enclosed shopping
mall” shall have their natural meaning and the term “public building”
shall have the meaning set forth in section four hundred one of the
executive law.
Falsely reporting an incident in the first degree is a class D felony.
