240.60 - Falsely reporting an incident in the first degree.

§ 240.60 Falsely reporting an incident in the first degree.    A  person  is  guilty  of  falsely  reporting an incident in the first  degree when he:    1. commits the crime of falsely reporting an incident  in  the  second  degree  as defined in section 240.55 of this article, and has previously  been convicted of that crime; or    2. commits the crime of falsely reporting an  incident  in  the  third  degree  as defined in subdivisions one and two of section 240.50 of this  article or falsely reporting an incident in the second degree as defined  in subdivisions one and two  of  section  240.55  of  this  article  and  another  person  who  is  an  employee  or  member  of  any  official or  quasi-official agency having the function of  dealing  with  emergencies  involving  danger to life or property; or who is a volunteer firefighter  with a fire department, fire company, or any unit thereof as defined  in  the volunteer firefighters' benefit law; or who is a volunteer ambulance  worker  with  a  volunteer  ambulance corporation or any unit thereof as  defined in the volunteer ambulance workers' benefit law suffers  serious  physical  injury  or is killed in the performance of his or her official  duties in traveling to or working at or returning to a firehouse, police  station, quarters or other base facility from the location identified in  such report; or    3. commits the crime of falsely reporting an  incident  in  the  third  degree  as defined in subdivisions one and two of section 240.50 of this  article or falsely reporting an incident in the second degree as defined  in subdivisions one and two  of  section  240.55  of  this  article  and  another  person suffers serious physical injury or is killed as a result  of any vehicular or other accident involving any emergency vehicle which  is  responding  to,  operating  at,  or  returning  from  the   location  identified in such report.    4.  An  emergency  vehicle as referred to in subdivision three of this  section shall include any vehicle operated by any employee or member  of  any  official  or  quasi-official  agency having the function of dealing  with emergencies involving danger to life or property and shall include,  but not necessarily  be  limited  to,  an  emergency  vehicle  which  is  operated  by  a  volunteer  firefighter  with  a  fire  department, fire  company, or any unit thereof as defined in the  volunteer  firefighters'  benefit  law;  or  by  a  volunteer  ambulance  worker  with a volunteer  ambulance corporation, or any unit thereof as defined in  the  volunteer  ambulance workers' benefit law.    5.  Knowing  the  information  reported,  conveyed or circulated to be  false or baseless and under circumstances in which it is  likely  public  alarm  or inconvenience will result, he or she initiates or circulates a  report or warning of an alleged occurrence or an impending occurrence of  a fire, an explosion, or the  release  of  a  hazardous  substance  upon  school  grounds  and  it  is  likely  that  persons  are present on said  grounds.    6. Knowing the information reported,  conveyed  or  circulated  to  be  false  or  baseless and under circumstances in which it is likely public  alarm or inconvenience will result, he or she initiates or circulates  a  report  or warning of an alleged occurrence or impending occurrence of a  fire, explosion or the release of a hazardous substance  in  or  upon  a  sports stadium or arena, mass transportation facility, enclosed shopping  mall,  any  public  building  or any public place, and it is likely that  persons are present. For purposes of this subdivision, the terms "sports  stadium or arena, mass  transportation  facility  or  enclosed  shopping  mall"  shall  have  their natural meaning and the term "public building"  shall have the meaning set forth in section  four  hundred  one  of  the  executive law.Falsely reporting an incident in the first degree is a class D felony.