§ 9-501.1
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/md/criminal-law/9-501-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§9–501.1.
(1)In this section the following words have the meanings indicated.
(2)“Emergency” means a condition that:
(i)poses an imminent threat to public safety; and
(ii)results in, or is likely to result in:
1. the response of a public official; or
2. the evacuation of an area, a building, a structure, a vehicle, or any other place.
(3)“Governmental emergency report recipient” means:
(i)a peace officer;
(ii)a police agency of the State or a unit of local government;
(iii)a person involved in the operation of a public safety answering point, as defined in § 1–301 of the Public Safety Article; or
(iv)any other government employee or contractor who is authorized to receive reports of a crime or an emergency.
(1)A person may not make, or cause to be made, a statement, report, or complaint of an emergency or alleging the commission of a crime that the person knows to be false as a whole or in material part to a governmental emergency report recipient with reckless disregard of causing bodily harm to an individual as a direct result of a response to the statement, report, or complaint.
(2)A person may not violate paragraph
(1)of this subsection by making a false statement, report, or complaint alleging the commission of a crime if the result of the statement, report, or complaint is a response from law enforcement and serious physical injury to a person or the death of a person as a proximate result of lawful conduct arising out of the response.
(1)Except as provided in paragraph
(3)of this subsection, a person who violates subsection (b)(1) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,000 or both.
(2)Except as provided in paragraph
(3)of this subsection, a person who violates subsection (b)(2) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $20,000 or both.
(3)A first–time violation of this section by a minor is a civil offense subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article.
(4)In addition to any other penalty provided in this subsection, a court, in imposing a sentence on a person convicted of violating this section, may order the person to reimburse any individual who incurs damages as a proximate result of lawful conduct arising out of the response to the statement, report, or complaint.
(d)A person who violates this section may be charged, prosecuted, tried, and convicted in:
(1)the county where the defendant made the false statement, report, or complaint;
(2)the county in which the statement, report, or complaint was received by a governmental emergency report recipient; or
(3)the county in which a governmental emergency report recipient responded to the statement, report, or complaint.
(e)In addition to any penalties under subsection
(c)of this section, a person who violates this section is civilly liable to any individual who is injured as a result of the violation.
(f)This section may not be construed to conflict with 47 U.S.C. § 230 or 42 U.S.C. § 1983.