The Texas offense of False Report To Induce Emergency Response gives police the right to arrest you if they believe you were responsible for making a false report to law enforcement or 9-1-1, and the report caused an. emergency response and you were reckless about whether that false report could cause someone to be harmed.

This is a new offense as of 2021, and it was created in the wake of a rash of high-profile “swatting” (also known as “spoofing”) incidents across the country.

This offense requires more than just a typical “prank 911 call.” Learn more about the False Report To Induce Emergency Response offense below.

What is the current Texas law about False Report To Induce Emergency Response?

The current Texas law defines the offense of False Report To Induce Emergency Response in Penal Code Section §42.0601 as follows:^[1]

(a) A person commits an offense if:

(1) the person makes a report of a criminal offense or an emergency or causes a report of a criminal offense or an emergency to be made to a peace officer, law enforcement agency, 9-1-1 service as defined by Section 771.001, Health and Safety Code, official or volunteer agency organized to deal with emergencies, or any other governmental employee or contractor who is authorized to receive reports of a criminal offense or emergency;

(2) the person knows that the report is false;

(3) the report causes an emergency response from a law enforcement agency or other emergency responder; and

(4) in making the report or causing the report to be made, the person is reckless with regard to whether the emergency response by a law enforcement agency or other emergency responder may directly result in bodily injury to another person.

This law was created by the 87th Texas Legislature in 2021, and it is effective as of September 1, 2021.^[2]

How can I be charged with False Report To Induce Emergency Response?

You can be charged with False Report To Induce Emergency Response if the state’s attorneys believe that each of the elements of 42.0601 as described in the section above have been met.

What is the punishment for False Report To Induce Emergency Response?

If emergency responders acted on the false report and someone suffered serious bodily injury or death as a direct result of lawful conduct arising out of that response, the offense is punished as a third degree felony.^[3]

Otherwise, the offense is a Class A misdemeanor, unless you have two or more previous convictions for the same offense, in which case it is punished as a state jail felony.^[4]

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Legal References:

^1. Texas Penal Code §42.0601^2. S.B. 1056, 87th Texas Legislature, Section 1, effective September 1, 2021^3. Texas Penal Code §42.0601(b)(2)^4. Texas Penal Code §42.0601(b)(1)