2022 Colorado Code
Title 18 - Criminal Code
Article 8 - Offenses - Governmental Operations
Part 1 - Obstruction of Public Justice
§ 18-8-111. False Reporting to Authorities - False Reporting of Emergency - Definition - Repeal

1. 1. A person commits false reporting to authorities if:
      1. He or she knowingly:
         1. 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
         2. 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

      2. 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
      3. 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
      4. 1. He or she knowingly provides false identifying information to law enforcement authorities.
         2. This subsection (1)(a)(IV) is repealed, effective March 1, 2022.

   2. [ Editor's note: This version of subsection (1)(b) is effective until March 1, 2022.] False reporting to authorities is a class 3 misdemeanor; except that, if it is committed in violation of subsection (1)(a)(I) of this section and committed during the commission of another criminal offense, it is a class 2 misdemeanor.

      (b) [ Editor's note: This version of subsection (1)(b) is effective March 1, 2022. ] False reporting to authorities is a class 2 misdemeanor.

   3. 1. For purposes of this section, "identifying information" means a person's name, address, birth date, social security number, or driver's license or Colorado identification number.
      2. This subsection (1)(c) is repealed, effective March 1, 2022.

2. 1. 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.
   2. 1. [ Editor's note: This version of subsection (2)(b)(I) is effective until March 1, 2022.] Except as otherwise provided in this subsection (2)(b), false reporting of an emergency is a class 1 misdemeanor.
      2. [ Editor's note: This version of introductory portion to subsection (2)(b)(II) is effective until March 1, 2022.] False reporting of an emergency is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3), if:

         (II) [ Editor's note: This version of introductory portion to subsection (2)(b)(II) is effective March 1, 2022. ] False reporting of an emergency is a class 1 misdemeanor, if:

         1. The threat causes the occupants of a building, place of assembly, or facility of public transportation to be evacuated or otherwise displaced; or
         2. The emergency response results in bodily injury of another person.

      3. False reporting of an emergency is a class 4 felony if the emergency response results in serious bodily injury of another person.
      4. False reporting of an emergency is a class 3 felony if the emergency response results in the death of another person.

      (b) (I) [ Editor's note: This version of subsection (2)(b)(I) is effective March 1, 2022. ] Except as otherwise provided in this subsection (2)(b), false reporting of an emergency is a class 2 misdemeanor.

   3. 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.
   4. 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.

Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act adding this section applies to offenses committed on or after March 1, 2022.

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.