N.Y. Penal Law § 240.60: Falsely reporting an incident in the first degree

§ 240.60 Falsely reporting an incident in the first degree.

A person is guilty of falsely reporting an incident in the first

degree when he:

1. commits the crime of falsely reporting an incident in the second

degree as defined in section 240.55 of this article, and has previously

been convicted of that crime; or

2. commits the crime of falsely reporting an incident in the third

degree as defined in subdivisions one and two of section 240.50 of this

article or falsely reporting an incident in the second degree as defined

in subdivisions one and two of section 240.55 of this article and

another person who is an employee or member of any official or

quasi-official agency having the function of dealing with emergencies

involving danger to life or property; or who is a volunteer firefighter

with a fire department, fire company, or any unit thereof as defined in

the volunteer firefighters' benefit law; or who is a volunteer ambulance

worker with a volunteer ambulance corporation or any unit thereof as

defined in the volunteer ambulance workers' benefit law suffers serious

physical injury or is killed in the performance of his or her official

duties in traveling to or working at or returning to a firehouse, police

station, quarters or other base facility from the location identified in

such report; or

3. commits the crime of falsely reporting an incident in the third

degree as defined in subdivisions one and two of section 240.50 of this

article or falsely reporting an incident in the second degree as defined

in subdivisions one and two of section 240.55 of this article and

another person suffers serious physical injury or is killed as a result

of any vehicular or other accident involving any emergency vehicle which

is responding to, operating at, or returning from the location

identified in such report.

4. An emergency vehicle as referred to in subdivision three of this

section shall include any vehicle operated by any employee or member of

any official or quasi-official agency having the function of dealing

with emergencies involving danger to life or property and shall include,

but not necessarily be limited to, an emergency vehicle which is

operated by a volunteer firefighter with a fire department, fire

company, or any unit thereof as defined in the volunteer firefighters'

benefit law; or by a volunteer ambulance worker with a volunteer

ambulance corporation, or any unit thereof as defined in the volunteer

ambulance workers' benefit law.

5. Knowing the information reported, conveyed or circulated to be

false or baseless and under circumstances in which it is likely public

alarm or inconvenience will result, he or she initiates or circulates a

report or warning of an alleged occurrence or an impending occurrence of

a fire, an explosion, or the release of a hazardous substance upon

school grounds and it is likely that persons are present on said

grounds.

6. Knowing the information reported, conveyed or circulated to be

false or baseless and under circumstances in which it is likely public

alarm or inconvenience will result, he or she initiates or circulates a

report or warning of an alleged occurrence or impending occurrence of a

fire, explosion or the release of a hazardous substance in or upon a

sports stadium or arena, mass transportation facility, enclosed shopping

mall, any public building or any public place, and it is likely that

persons are present. For purposes of this subdivision, the terms "sports

stadium or arena, mass transportation facility or enclosed shopping

mall" shall have their natural meaning and the term "public building"

shall have the meaning set forth in section four hundred one of the

executive law.

Falsely reporting an incident in the first degree is a class D felony.