Emergency Reporting Abuse Amendments

11
76-9-105.5
76-9-105.6
0
Emergency Reporting Abuse Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Logan J. Monson
Senate Sponsor: Lincoln Fillmore
LONG TITLE
General Description:
This bill amends the criminal offense of emergency reporting abuse.
Highlighted Provisions:
This bill:
modifies the offense of emergency reporting abuse to include conduct in which an actor
contacts a 911 emergency response service when the actor knows, or reasonably should
know, that no actual or perceived emergency, crime, or other circumstance jeopardizing
public safety exists;
adds new penalties to the criminal offense of emergency reporting abuse;
moves a definition to the statute in which the definition is referenced; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-9-105.5
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-9-105.6
, as enacted by Laws of Utah 2025, Chapter 173
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-9-105.5
is amended to read:
76-9-105.5
. Emergency reporting abuse.
(1)
(a)
As used in this section:
(i)
"Emergency" means a situation in which property or human life is in jeopardy and
the prompt summoning of aid is essential to the preservation of human life or
property.
(ii)
"Party line" means a subscriber's line or telephone circuit:
(A)
that consists of two or more connected main telephone stations; and
(B)
where each telephone station has a distinctive ring or telephone number.
(iii)
(ii)
"Weapon of mass destruction" means the same as that term is defined in
Section
76-15-301
.
(b)
Terms defined in
Sections
Section

76-1-101.5
apply to this section.
(2)
An actor commits emergency reporting abuse if the actor:
(a)
reports an emergency or causes an emergency to be reported, through any means, to a
public, private, or volunteer entity whose purpose is to respond to fire, police, or
medical emergencies, when the actor knows the reported emergency does not exist;
(b)
makes a false report, or intentionally aids, abets, or causes another person to make a
false report, through any means to an emergency response service, including a law
enforcement dispatcher or a 911 emergency response service, if the false report
claims that:
(i)
an emergency exists or will exist;
(ii)
the emergency described in Subsection
(2)(b)(i)
involves an imminent or future
threat of serious bodily injury, serious physical injury, or death; and
(iii)
the emergency described in Subsection
(2)(b)(i)
is occurring, or will occur, at a
specified location;
or
(c)
makes a false report after having previously made a false report, or intentionally
aides
aids
, abets, or causes a third party to make a false report, to an emergency
response service, including a law enforcement dispatcher or a 911 emergency
response service, alleging a violation of Section
63G-31-302
regarding a
sex-designated changing room
.
; or
(d)
(i)
under circumstances not amounting to an offense described in Subsection
(2)(a)

or
(b)
, contacts, through any means, a 911 emergency response service, when the
actor knows, or reasonably should know, that no actual or perceived emergency,
crime, or other circumstance jeopardizing public safety exists; and
(ii)
has previously been informed by a 911 response service dispatcher, a law
enforcement officer, or a prosecuting attorney that the circumstance the actor is
reporting to a 911 emergency response service, or a substantially similar
circumstance, is not a circumstance that is appropriate for being reported to a 911
emergency response service.
(3)
(a)
Except as provided in Subsection
(3)(b)
,
(f), or (g),
a violation of Subsection
(2)(a)

is a class B misdemeanor.
(b)
A violation of Subsection
(2)(a)
is a second degree felony if the report is regarding a
weapon of mass destruction.
(c)
A violation of Subsection
(2)(b)
is a second degree felony.
(d)
A violation of Subsection
(2)(c)
is a class B misdemeanor.
(e)
Except as provided in Subsection
(3)(f)
or
(g)
, a violation of Subsection
(2)(d)
is a
class B misdemeanor.
(f)
Except as provided in Subsection
(3)(b)
or
(g)
, a violation of Subsection
(2)(a)
or
(d)

is a class A misdemeanor if:
(i)
the violation is the actor's third or subsequent conviction or adjudication under
Subsection
(2)(a)
, (b), or (d); or
(ii)
(A)
the actor was reckless as to whether the actor's violation could jeopardize
the safety of any individual; and
(B)
the actor's violation causes an emergency response, or a delay of an
emergency response to another request for emergency services, that results in
serious bodily injury to an individual or pecuniary loss equal to, or in excess of,
$5,000 in value.
(g)
Except as provided in Subsection
(3)(b)
, a violation of Subsection
(2)(a)
or
(d)
is a
third degree felony if:
(i)
the actor was reckless as to whether the actor's violation could jeopardize the
safety of any individual; and
(ii)
the actor's violation causes an emergency response, or a delay of an emergency
response to another request for emergency services, that results in the death of any
individual.
(4)
(a)
In addition to another penalty authorized by law, a court shall order an actor
convicted of a violation of this section
to:
(i)
to
reimburse a federal, state, or local unit of government, or a private business,
organization, individual, or entity for all expenses and losses incurred in
responding to the violation
.
; and
(ii)
(A)
serve a minimum of four days of incarceration; or
(B)
perform a minimum of 40 hours of community service.
(b)
The court may order that the actor pay less than the full amount of the costs
described in Subsection
(4)(a)
(4)(a)(i)
only if the court states on the record the
reasons why the reimbursement would be inappropriate.
Section 2. Section
76-9-105.6
is amended to read:
76-9-105.6
. Prohibited use of a party line or public pay telephone in an
emergency.
(1)
(a)
As used in this section:
(i)
"Emergency" means the same as that term is defined in Section
76-9-105.5
.
(ii)
"Party line" means
the same as that term is defined in Section
76-9-105.5
.
a
subscriber's line or telephone circuit:
(A)
that consists of two or more connected main telephone stations; and
(B)
where each telephone station has a distinctive ring or telephone number.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits prohibited use of a party line or public pay telephone in an
emergency if the actor:
(a)
intentionally refuses to yield or surrender the use of a party line or a public pay
telephone to another individual upon being informed that the party line or public pay
telephone is needed to report a fire or summon police, medical, or other aid in case of
an emergency; or
(b)
asks for or requests the use of a party line or a public pay telephone on the pretext
that an emergency exists, knowing that no emergency exists.
(3)
A violation of Subsection
(2)
is a class C misdemeanor.
(4)
Subsection
(2)(a)
does not apply if the actor refuses to yield or surrender the use of the
party line or public pay telephone because the actor is using the party line or public pay
telephone to report an emergency.
(5)
(a)
In addition to another penalty authorized by law, a court shall order an actor
convicted of a violation of this section to reimburse a federal, state, or local unit of
government, or a private business, organization, individual, or entity for all expenses
and losses incurred in responding to the violation.
(b)
The court may order that the actor pay less than the full amount of the costs
described in Subsection
(5)(a)
only if the court states on the record the reasons why
the full reimbursement would be inappropriate.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 12:09 PM