13-2907. False reporting; emergency response costs; classification; definitions

A. A person commits false reporting by initiating or circulating a report of a bombing, fire or other emergency knowing that such report is false and intending:

1. That it will cause action of any sort by an official or volunteer agency organized to deal with emergencies; or

2. That it will place a person in fear of imminent serious physical injury; or

3. That it will prevent or interrupt the occupation of any building, room, place of assembly, public place or means of transportation.

B. A person commits false reporting by initiating a report of a serious offense involving an educational institution or any place used for worship or for religious services knowing that such report is false and intending that it will cause an emergency response.

C. A person who commits a violation of this section that results in an emergency response or investigation of false reporting and who is convicted of a violation of this section is liable for the expenses that are incurred incident to the emergency response or the investigation of the commission of false reporting, except that if the person is a juvenile who is adjudicated delinquent of a violation of this section, the court may order the juvenile to pay the expenses incurred under this subsection as restitution.  The expenses are a debt of the person.  The public agency, for profit entity or not-for-profit entity that incurred the expenses may collect the debt proportionally.  The liability that is imposed under this subsection is in addition to any other liability that may be imposed.

D. A violation of subsection A of this section is a class 1 misdemeanor, except that a second or subsequent violation is a class 6 felony. A violation of subsection B of this section is a class 6 felony.

E. For the purposes of this section:

1. "Educational institution" means any of the following:

(a) A public school as defined in section 15-101.

(b) A private school that provides instruction to pupils in any combination of kindergarten programs and grades one through twelve.

(c) A community college as defined in section 15-1401.

(d) A university that is under the jurisdiction of the Arizona board of regents.

(e) A private postsecondary institution that is licensed under title 32, chapter 30, article 2.

(f) A college in this state that is owned, operated or chartered by a federally recognized Native American tribe on the tribe's own Indian reservation.

2. "Emergency response" means an immediate response by a law enforcement agency.

3. "Expenses" means any reasonable costs that are directly incurred by a public agency, for profit entity or not-for-profit entity that makes an appropriate emergency response to an incident or an investigation of the commission of false reporting.  Expenses includes the costs of providing police, fire fighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident. Expenses does not include any charges that are assessed by an ambulance service that is regulated pursuant to title 36, chapter 21.1, article 2.

4. "Public agency" means this state, any city, county, municipal corporation or district, any Arizona federally recognized Native American tribe or any other public authority that is located in whole or in part in this state and that provides police, fire fighting, medical or other emergency services.

5. "Serious offense" has the same meaning as provided in section 13-706.