Falsely Reporting an Incident in the First Degree

By far the most complex of all of the degrees of Falsely Reporting an Incident, Falsely Reporting an Incident in the First Degree (New York Penal Law 240.60), encompasses six separate subsections. A “D” felony, NY PL 240.60 is punishable by up to seven years in prison regardless of whether your record is unblemished or you have a prior felony conviction.

Because it is a felony offense and a crime that does not generate sympathy from neither prosecutors nor judges, it is critical to determine with your New York criminal lawyer what your best line of defense is and how you are going to move that defense forward. Before doing so, however, it is imperative to have a grasp on the elements of Falsely Reporting an Incident in the First Degree so you can assist in that defense.

You are guilty of NY PL 240.60 if you do any of the following (not all subsections listed):

1. If you were previously convicted of Falsely Reporting an Incident in the Second Degree and you once again violate that statute. Doing so bumps your offense up to the First Degree crime.


2. If you violate certain subsections of Second Degree or Third Degree Falsely Reporting an Incident and an employee or volunteer with an agency that deals with emergencies involving danger to life or property (EMT, firefighter, etc.), is killed or suffers a serious physical injury while performing his or her duties. This subsection also extends to death or injury that occurs during travel for that purpose. Under these circumstances you are guilty of Falsely Reporting an Incident in the First Degree.


3. If you violate certain subsections of Second Degree or Third Degree Falsely Reporting an Incident and an employee or volunteer with an agency that deals with emergencies involving danger to life or property (EMT, firefighter, etc.), is killed or suffers a serious physical injury in a vehicular accident responding to or from the false emergency, then you are guilty of Falsely Reporting an Incident in the First Degree.

5. If you knowingly report fake or baseless information that is likely to cause public alarm, you also initiate a report of a fire or explosion on school grounds and it is likely that people are present there, then you are guilty of Falsely Reporting an Incident in the First Degree.


6. If you knowingly report fake or baseless information that is likely to cause public alarm, you also initiate a report of a fire or explosion at a sports stadium or arena, mass transportation facility, enclosed shopping mall, any public building or any public place and it is likely that people are present there, then you are guilty of Falsely Reporting an Incident in the First Degree.

If it was not clear, the main themes of NY PL 240.60 that differentiate this “D” felony from the other degrees of Falsely Reporting an Incident are the location of the falsified incident, the type of safety personnel who respond and whether or not a serious physical injury or death occurs. Keep in mind, “serious physical injury” is defined in the New York Penal Law and is much more significant than “physical injury.” Although it may seem trivial, it may mean the difference between your criminal lawyer knocking down the case to a lesser crime or facing seven years in prison.

Whatever the circumstances may be, do not let a false accusation or stupid one time mistake cost you your freedom and future. Educate yourself on the law and contact one of the New York criminal lawyers and former Manhattan prosecutors at Saland Law to protect your liberty and preserve your future.

Call the New York criminal defense attorneys and former Manhattan Assistant District Attorneys at (212) 312-7129 or contact us online today.