Delaware Code Title 11 Sec. 1245 – Falsely reporting an incident; class A misdemeanor
A person is guilty of falsely reporting an incident when, knowing the information reported, conveyed or circulated is false or baseless, the person:
(1) Initiates or circulates a false report or warning of or impending occurrence of a fire, explosion, crime, catastrophe or emergency under circumstances in which it is likely that public alarm or inconvenience will result or that fire-fighting apparatus, ambulance or a rescue vehicle might be summoned; or
(2) Reports, by word or action, to any official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a fire, explosion or other catastrophe or emergency which did not in fact occur or does not in fact exist; or
(3) Reports to a law-enforcement officer or agency:
a. The alleged occurrence of an offense or incident which did not in fact occur; or
b. An allegedly impending occurrence of an offense or incident which is not in fact about to occur; or
c. False information relating to an actual offense or incident or to the alleged implication of some person therein; or
d. The alleged abduction of a child which would generate the activation of a state-wide and interstate alert response and law-enforcement broadcast when such abduction has not, in fact, occurred.
(4) Without just cause, calls or summons by telephone, fire alarm system or otherwise, any fire-fighting apparatus, ambulance or rescue truck.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class G felony | up to 2 years | |
| Class A misdemeanor | up to 1 year | up to $2,300 |
Terms Used In Delaware Code Title 11 Sec. 1245
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Summons: Another word for subpoena used by the criminal justice system.
Falsely reporting an incident is a class A misdemeanor, unless the defendant has violated this section previously, in which case it shall be a class G felony. In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of this section shall pay a fine of not less than $500, or less than $1,000 for a violation of paragraph (3)d. of this section, which fine cannot be suspended and be sentenced to perform a minimum of 100 hours of community service, and shall be required to reimburse the State, or other responding or other investigating governmental agency, for any expenses expended in the investigation and/or response to the incident falsely reported.
11 Del. C. 1953, § ?1245; 58 Del. Laws, c. 497, § ?1; 59 Del. Laws, c. 469, § ?1; 60 Del. Laws, c. 542, § ?1; 67 Del. Laws, c. 130, § ?8; 70 Del. Laws, c. 186, § ?1; 70 Del. Laws, c. 412, § ?1; 73 Del. Laws, c. 87, § ?1; 73 Del. Laws, c. 255, § ?2; 75 Del. Laws, c. 86, §§ ?1, 2;