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2018 Utah Code
Title 76 - Utah Criminal Code
Chapter 9 - Offenses Against Public Order and Decency
Part 2 - Telephone Abuse
Section 202 - Emergency reporting -- Interference -- False report.
Universal Citation: UT Code § 76-9-202 (2018)
Effective 5/9/2017
76-9-202. Emergency reporting -- Interference -- False report.
Amended by Chapter 462, 2017 General Session
76-9-202. Emergency reporting -- Interference -- False report.
- (1) As used in this section:
- (a) "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.
- (b) "Party line" means a subscriber's line or telephone circuit:
- (i) that consists of two or more connected main telephone stations; and
- (ii) where each telephone station has a distinctive ring or telephone number.
- (2) A person is guilty of emergency reporting abuse if the person:
- (a) intentionally refuses to yield or surrender the use of a party line or a public pay telephone to another person upon being informed that the telephone is needed to report a fire or summon police, medical, or other aid in case of emergency, unless the telephone is likewise being used for an emergency call;
- (b) asks for or requests the use of a party line or a public pay telephone on the pretext that an emergency exists, knowing that no emergency exists;
- (c) reports an emergency or causes an emergency to be reported to any public, private, or volunteer entity whose purpose is to respond to fire, police, or medical emergencies, when the person knows the reported emergency does not exist; or
- (d) makes 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, if the false report claims that:
- (i) an ongoing emergency exists;
- (ii) the emergency described in Subsection (2)(d)(i) currently involves, or involves an imminent threat of, serious bodily injury, serious physical injury, or death; and
- (iii) the emergency described in Subsection (2)(d)(i) is occurring at a specified location.
- (3)
- (a) A violation of Subsection (2)(a) or (b) is a class C misdemeanor.
- (b) A violation of Subsection (2)(c) is a class B misdemeanor, except as provided under Subsection (3)(c).
- (c) A violation of Subsection (2)(c) is a second degree felony if the report is regarding a weapon of mass destruction, as defined in Section 76-10-401.
- (d) A violation of Subsection (2)(d):
- (i) except as provided in Subsection (3)(d)(ii), is a third degree felony; or
- (ii) is a second degree felony if, while acting in response to the report, the emergency responders cause physical injury to a person at the location described in Subsection (2)(d)(iii).
- (4)
- (a) In addition to any other penalty authorized by law, a court shall order any person convicted of a violation of this section to reimburse:
- (i) any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation; and
- (ii) any person described in Subsection (3)(d)(ii) for the costs for the treatment of the physical injury and any psychological injury caused by the offense.
- (b) The court may order that the defendant pay less than the full amount of the costs described in Subsection (4)(a) only if the court states on the record the reasons why the reimbursement would be inappropriate.
- (a) In addition to any other penalty authorized by law, a court shall order any person convicted of a violation of this section to reimburse:
Amended by Chapter 462, 2017 General Session
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