18-8-111 – False reporting to authorities – false reporting of an emergency.

Statutory language for  False reporting to authorities – false reporting of an emergency.

(1) (a) A person commits false reporting to authorities if:

(I) He or she knowingly:

(A) Causes by any means, including but not limited to activation, a false
alarm of fire or other emergency or a false emergency exit alarm to sound or to be
transmitted to or within an official or volunteer fire department, ambulance service,
law enforcement agency, or any other government agency which deals with
emergencies involving danger to life or property; or

(B) Prevents by any means, including but not limited to deactivation, a
legitimate fire alarm, emergency exit alarm, or other emergency alarm from
sounding or from being transmitted to or within an official or volunteer fire
department, ambulance service, law enforcement agency, or any other government
agency that deals with emergencies involving danger to life or property; or

(II) He or she makes a report or knowingly causes the transmission of a
report to law enforcement authorities of a crime or other incident within their
official concern when he or she knows that it did not occur; or

(III) He or she makes a report or knowingly causes the transmission of a
report to law enforcement authorities pretending to furnish information relating to
an offense or other incident within their official concern when he or she knows that
he or she has no such information or knows that the information is false; or

(IV) Repealed.

(b) False reporting to authorities is a class 2 misdemeanor.

(c) Repealed.

(2) (a) A person commits false reporting of an emergency if he or she
knowingly commits an act in violation of subsection (1) of this section that includes
a knowing false report of an imminent threat to the safety of a person or persons by
use of a deadly weapon.

(b) (I) Except as otherwise provided in this subsection (2)(b), false reporting
of an emergency is a class 2 misdemeanor.

(II) False reporting of an emergency is a class 1 misdemeanor, if:

(A) The threat causes the occupants of a building, place of assembly, or
facility of public transportation to be evacuated or to be issued a shelter-in-place
order, the threat causes any disruptions or impacts to regular activities, or the
threat results in the initiation of a standard response protocol in response to the
false report; or

(B) The emergency response results in bodily injury of another person.

(III) False reporting of an emergency is a class 4 felony if the emergency
response results in serious bodily injury of another person.

(IV) False reporting of an emergency is a class 3 felony if the emergency
response results in the death of another person.

(c) Upon a conviction pursuant to this subsection (2), in addition to any other
sentence imposed or restitution ordered, the court shall sentence the defendant to
pay restitution in an amount equal to the cost of any emergency response or
evacuation, including but not limited to fire and police response, emergency
medical service or emergency preparedness response, and transportation of any
individual from the building, place of assembly, or facility of public transportation.

(d) It is not a defense to a prosecution pursuant to this subsection (2) that
the defendant or another person did not have the intent or capability of committing
the threatened or reported act.

(3) For purposes of subsections (1) and (2) of this section, the offense is
committed and the defendant may be tried in the county where the defendant made
the report, the county where the false report was communicated to law
enforcement, or the county where law enforcement responded to the false report.

(4) A violation of this section does not preclude a conviction for a violation of
any other criminal offense.

Source

L. 71: R&RE, p. 456, § 1. C.R.S. 1963: § 40-8-111. L. 77: (1)(b) and (1)(c) amended, p. 965, § 39, effective July 1. L. 86: (2) amended, p. 771, § 9, effective July 1. L. 96: (1)(c) amended and (1)(d) and (3) added, pp. 1840, 1841, §§ 2, 3, effective July 1. L. 97: (3) amended, p. 1541, § 6, effective July 1. L. 2012: (1)(a) and (2) amended, (HB 12-1304), ch. 237, p. 1049, § 2, effective May 29. L. 2018: Entire section amended, (SB 18-068), ch. 401, p. 2370, § 1, effective July 1. L. 2021: (1)(b), (2)(b)(I), and IP(2)(b)(II) amended, (SB 21-271), ch. 462, p. 3195, § 277, effective March 1, 2022; (1)(a)(IV)(B) and (1)(c)(II) added by revision, (SB 21-271), ch. 462, pp. 3195, 3331, §§ 277, 803. L. 2023: (2)(b)(II)(A) amended, (SB 23-249), ch. 418, p. 2470, § 3, effective June 7.

Editors Notes

Subsections (1)(a)(IV)(B) and (1)(c)(II) provided for the repeal of subsections (1)(a)(IV) and (1)(c), respectively, effective March 1, 2022. (See L. 2021, pp. 3195, 3331.)

Cross References

For the legislative declaration in the 2012 act amending subsections (1)(a) and (2), see section 1 of chapter 237, Session Laws of Colorado 2012.