False 911 Call Resulting in Dispatch of Emergency Services
Chapter	269
Section	14B(1)
WMS Code	269/14B/A
WMS Offense	FALSE/SILENT 911 CALL c269 §14B
Elements	On [DATE OF OFFENSE:]: (1) did willfully and maliciously communicate with, or cause a communication to be made to, a PSAP facility assigned the responsibility of receiving 911 calls and dispatching emergency response services or transferring or relaying emergency 911 calls to other public or private safety agencies or other such PSAP facilities, which communication transmitted information which the defendant knew or had reason to know was false and which resulted in the dispatch of emergency services to a nonexistent emergency or to the wrong location of an actual emergency.
Penalty	2 ½ Years
	...shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $1,000. Whoever commits a second or subsequent violation of this section shall be punished by imprisonment in the house of correction for not more than 2½ years or by imprisonment in the state prison for not more than 10 years or by a fine of not more than 5,000 dollars, or by both such fine and imprisonment.
Right of Arrest
Notes	(b) Upon any conviction of this section, the court shall conduct a hearing to ascertain the extent of costs incurred, and damages and financial loss sustained by any emergency response services provider as a result of the violation and shall order the defendant to make restitution to the emergency response services provider or providers for any such costs, damages or loss. Restitution shall not be waived and shall be imposed in addition to any imprisonment or fine, and not in lieu thereof, except that the court shall consider the defendant’s present and future ability to pay restitution in its determinations relative to the imposition of a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose upon the defendant. As used in this section, the following words shall have the following meanings:- Emergency response services provider, a police department, fire department, emergency medical service provider, PSAP, public safety department, private safety department or other public safety agency. PSAP , a facility assigned the responsibility of receiving 911 calls and, as appropriate, directly dispatching emergency response services or transferring or relaying emergency 911 calls to other public or private safety agencies or other PSAPs. Silent call, a call or other communication made to a PSAP in which the initiating party fails to provide information regarding his or her identity or location or the nature of the emergency. The initiating party shall not be considered to have provided any information that is automatically transmitted by a communication device or network upon connection with a PSAP including, but not be limited to, automatic location information and automatic number information.
Second/Subsequent	269/14B/B	10 Years
Third Offense
Fourth Offense
Attempt to Commit
Conspiracy to Commit
Accessory Before
Accessory After
Effective Date	7/31/2008