CALIFORNIA PENAL CODE 148.3 PC – MAKING A FALSE REPORT OF AN EMERGENCY

According to California Penal Code § 148.3 PC, it is illegal to make a knowingly false report of an emergency, resulting in the response of an emergency vehicle, the evacuation of any area or structure, an AMBER Alert, or the activation of the Emergency Alert System. The term “emergency” in this context refers to any situation that could potentially trigger the above mentioned responses. Failure to comply with this law could lead to legal repercussions including fines and imprisonment.

148.3.
(a) Any individual who reports, or causes any report to be made, to any city, county, city and county, or state department, district, agency, division, commission, or board, that an “emergency” exists, knowing that the report is false, is guilty of a misdemeanor and upon conviction thereof shall be punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

(b) Any individual who reports, or causes any report to be made, to any city, county, city and county, or state department, district, agency, division, commission, or board, that an “emergency” exists, who knows that the report is false, and who knows or should know that the response to the report is likely to cause death or great bodily injury, and great bodily injury or death is sustained by any person as a result of the false report, is guilty of a felony and upon conviction thereof shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=148.3

ELEMENTS

To secure a conviction under California Penal Code 148.3 for making a false report of an emergency, the prosecutor must prove the following elements beyond a reasonable doubt:

• The defendant reported or caused a report to be made.
• The report stated that an emergency existed.
• The defendant knew that the report was false when it was made.
• The defendant intended to make or cause the false report.
• The report was made to a city, county, city and county, or state department, district, agency, division, commission, or board.
• The false report resulted in great bodily injury or death.

EXAMPLE

For instance, let’s say a disgruntled employee who wants to disrupt operations at their workplace calls 911 and falsely claims that there is a bomb planted in the building. As a result, the entire building is evacuated, causing panic and disruption to the business operations.
This individual could be charged and convicted under California Penal Code 148.3 PC for making a false bomb threat and knowingly providing false information to law enforcement, potentially leading to imprisonment, fines, and other legal penalties.

PENALTIES, PUNISHMENT, AND SENTENCING

PC 148.3 prohibits making false reports of emergencies, which is considered a misdemeanor. Those convicted may face a maximum penalty of one year in county jail and/or a fine of up to $1,000.3. Additionally, the individual would be required to reimburse the relevant public agency for any expenses incurred due to the emergency response.
It is important to note that if the false alarm leads to great bodily injury or death, the offense can be charged as a felony, potentially resulting in a sentence of up to three years in California State Prison.

HOW TO FIGHT CHARGES AGAINST CALIFORNIA PENAL CODE 148.3 PC

Our defense lawyer has various legal strategies to challenge false emergency charges. These strategies include demonstrating:
Mistake of fact: This defense asserts that there was no intention to commit a crime due to a misunderstanding of a specific fact. For instance, it could be argued that the individual believed in good faith that an emergency was occurring based on their understanding of the facts, even if a true emergency did not exist.

Actual emergency: These laws only prohibit false or fake emergency reports, allowing individuals to report genuine emergencies without penalty. The defense can aim to establish that the reported incident was indeed a real emergency.
No report of an “emergency”: As “emergency” has a technical definition under California law, the defense might argue that while a report was made to law enforcement, it did not concern an emergency. For example, the report could have been related to recent criminal activity in a neighborhood.

IMMIGRATION CONSEQUENCES

The immigration consequences of a conviction under Penal Code 148.3 can vary depending on whether the conviction is for a misdemeanor or a felony, and the specifics of the case. Making a false report of an emergency could potentially be classified as a CIMT, particularly if it involves deceit and intentional harm.

• A CIMT conviction can make a non-citizen deportable or inadmissible. This means that they could be removed from the United States or be barred from re-entering if they leave.
• A single CIMT committed within five years of admission to the U.S. that results in a sentence of one year or longer can lead to deportability under the Immigration and Nationality Act (INA) § 237(a)(2)(A)(i).
• Multiple CIMTs at any time after admission can also result in deportability under INA § 237(a)(2)(A)(ii).

If charged as a felony, a conviction under 148.3(b) might be considered an aggravated felony under U.S. immigration law, depending on the sentence imposed. Aggravated felonies carry severe immigration consequences, including mandatory detention and removal, and barring of most forms of relief from removal.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

A misdemeanor conviction can be expunged if you fulfill the following criteria:

• Successfully complete any imposed jail time, or
• Fulfill the requirements of probation if it was granted.

On the other hand, a felony conviction cannot be expunged. This restriction is due to the fact that expungement is not permitted for offenses that result in a prison sentence.

RELATED CRIMES

1. Making a false report of a fire – Penal Code 148.4 PC
2. Making a false report of a crime – Penal Code 148.5 PC
3. Making a false identification to a peace officer Penal Code 148.9 PC
4. Bomb threats – Penal Code 148.1 PC
5. Criminal Threats – Penal Code 422 PC

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

In case of being investigated or charged for Falsely Reporting an Emergency, it is crucial to seek legal representation from a seasoned Los Angeles Criminal Defense Attorney immediately. Cyrus Tabibnia, with over 19 years of experience in criminal defense, is well-equipped to handle such charges. He has a wealth of knowledge in the law and courtroom tactics and is highly respected for his relationships with law enforcement agencies and prosecutor’s offices. Tabibnia Law Firm is committed to providing a free consultation and more information on False Report of Emergency. Contact us to book an appointment today.