76-9-105.5. Emergency reporting abuse.
(1) As used in this section: "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. "Weapon of mass destruction" means the same as that term is defined in Section. 76-15-301 Terms defined in Sectionapply to this section. 76-1-101.5
(2) An actor commits emergency reporting abuse if the actor: 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; 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: an emergency exists or will exist; the emergency described in Subsectioninvolves an imminent or future threat of serious bodily injury, serious physical injury, or death; and (2)(b)(i) the emergency described in Subsectionis occurring, or will occur, at a specified location; (2)(b)(i) makes a false report after having previously made a false report, or intentionally aids, 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 Sectionregarding a sex-designated changing room; or 63G-31-302 under circumstances not amounting to an offense described in Subsectionor, contacts, through any means, a 911 emergency response service, when the actor knows, or reasonably should know, that no actual or perceived emergency, crime, or other circumstance jeopardizing public safety exists; and (2)(a) (b) has previously been informed by a 911 response service dispatcher, a law enforcement officer, or a prosecuting attorney that the circumstance the actor is reporting to a 911 emergency response service, or a substantially similar circumstance, is not a circumstance that is appropriate for being reported to a 911 emergency response service.
(3) Except as provided in Subsection, (f), or (g), a violation of Subsectionis a class B misdemeanor. (3)(b) (2)(a) A violation of Subsectionis a second degree felony if the report is regarding a weapon of mass destruction. (2)(a) A violation of Subsectionis a second degree felony. (2)(b) A violation of Subsectionis a class B misdemeanor. (2)(c) Except as provided in Subsectionor, a violation of Subsectionis a class B misdemeanor. (3)(f) (g) (2)(d) Except as provided in Subsectionor, a violation of Subsectionoris a class A misdemeanor if: (3)(b) (g) (2)(a) (d) the violation is the actor's third or subsequent conviction or adjudication under Subsection, (b), or (d); or (2)(a) the actor was reckless as to whether the actor's violation could jeopardize the safety of any individual; and the actor's violation causes an emergency response, or a delay of an emergency response to another request for emergency services, that results in serious bodily injury to an individual or pecuniary loss equal to, or in excess of, $5,000 in value. Except as provided in Subsection, a violation of Subsectionoris a third degree felony if: (3)(b) (2)(a) (d) the actor was reckless as to whether the actor's violation could jeopardize the safety of any individual; and the actor's violation causes an emergency response, or a delay of an emergency response to another request for emergency services, that results in the death of any individual.
(4) In addition to another penalty authorized by law, a court shall order an actor convicted of a violation of this section to: reimburse a 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; and serve a minimum of four days of incarceration; or perform a minimum of 40 hours of community service. The court may order that the actor pay less than the full amount of the costs described in Subsectiononly if the court states on the record the reasons why the reimbursement would be inappropriate. (4)(a)(i)