Sec. 201. False communications to cause an emergency response
520 words·~2 min read·
/bill/115/hr/3067/ih/section-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section: Whoever, in the absence of circumstances reasonably requiring an emergency response, uses the mail or any facility or means of interstate or foreign commerce to knowingly transmit false or misleading information that would reasonably be expected to cause an emergency response, shall— if an emergency response results, be fined under this title or imprisoned not more than 5 years, or both; if serious bodily injury (as defined in section 1365) results, be fined under this title or imprisoned not more than 20 years, or both; if death results, be fined under this title or imprisoned for any number of years or for life, or both; and in any other case, be fined under this title or imprisoned not more than 1 year, or both.
Any party incurring damages incident to an offense under this section may bring a civil action against the perpetrator in an appropriate district court of the United States and may recover damages and any other appropriate relief, including reasonable attorney’s fees. An individual who is found liable under this subsection shall be jointly and severally liable with each other person, if any, who is found liable under this subsection for damages arising from the same violation of this section.
Any civil action filed under this subsection shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim. In this subsection, the term criminal action includes an investigation and prosecution that is pending, until final adjudication in the trial court. The court, in imposing a sentence on a defendant convicted of an offense under subsection (a), shall order the defendant to reimburse any party, any State or local government, or any private not-for-profit organization that provides fire or rescue service incurring expenses incident to any emergency response necessitated by such offense.
A person ordered to make reimbursement under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under this subsection for the same expenses. An order of reimbursement under this subsection shall, for the purposes of enforcement, be treated as a civil judgment. In this section: The term emergency response means any deployment of personnel or equipment, order or advice to evacuate, or issuance of a warning to the public or a threatened person, organization, or establishment, by an agency of the United States or a State charged with public safety functions, including any agency charged with detecting, preventing, or investigating crimes or with fire or rescue functions, or by a private not-for-profit organization that provides fire or rescue service.
The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe. . The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following new item: 1041. False communications to cause an emergency response. .