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§ 9-501.1. Making a false statement, report, or complaint of emergency or crime

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2023

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 9. Crimes Against Public Administration
Subtitle 5. False Statements
Effective: October 1, 2023
MD Code, Criminal Law, § 9-501.1
§ 9-501.1. Making a false statement, report, or complaint of emergency or crime
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Emergency” means a condition that:
(i) poses an imminent threat to public safety; and
(ii) results in, or is likely to result in:
1. the response of a public official; or
2. the evacuation of an area, a building, a structure, a vehicle, or any other place.
(3) “Governmental emergency report recipient” means:
(i) a peace officer;
(ii) a police agency of the State or a unit of local government;
(iii) a person involved in the operation of a public safety answering point, as defined in § 1-301 of the Public Safety Article; or
(iv) any other government employee or contractor who is authorized to receive reports of a crime or an emergency.
In general
(b)(1) A person may not make, or cause to be made, a statement, report, or complaint of an emergency or alleging the commission of a crime that the person knows to be false as a whole or in material part to a governmental emergency report recipient with reckless disregard of causing bodily harm to an individual as a direct result of a response to the statement, report, or complaint.
(2) A person may not violate paragraph (1) of this subsection by making a false statement, report, or complaint alleging the commission of a crime if the result of the statement, report, or complaint is a response from law enforcement and serious physical injury or severe emotional distress to a person or the death of a person as a proximate result of lawful conduct arising out of the response.
Penalties
(c)(1) Except as provided in paragraph (3) of this subsection, a person who violates subsection (b)(1) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,000 or both.
(2) Except as provided in paragraph (3) of this subsection, a person who violates subsection (b)(2) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $20,000 or both.
(3) A first-time violation of this section by a minor is a civil offense subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article.
(4) In addition to any other penalty provided in this subsection, a court, in imposing a sentence on a person convicted of violating this section, may order the person to reimburse any individual who incurs damages as a proximate result of lawful conduct arising out of the response to the statement, report, or complaint.
Venue
(d) A person who violates this section may be charged, prosecuted, tried, and convicted in:
(1) the county where the defendant made the false statement, report, or complaint;
(2) the county in which the statement, report, or complaint was received by a governmental emergency report recipient; or
(3) the county in which a governmental emergency report recipient responded to the statement, report, or complaint.
Civil liability
(e) In addition to any penalties under subsection (c) of this section, a person who violates this section is civilly liable to any individual who is injured as a result of the violation.
Construction with federal law
(f) This section may not be construed to conflict with 47 U.S.C. § 230 or 42 U.S.C. § 1983.

Credits

Added by Acts 2023, c. 698, § 1, eff. Oct. 1, 2023; Acts 2023, c. 699, § 1, eff. Oct. 1, 2023.
MD Code, Criminal Law, § 9-501.1, MD CRIM LAW § 9-501.1
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document