§ 16-10-28 — Transmitting a false public alarm; restitution

(a) As used in this Code section, the term: (1) "Critical infrastructure" means any building, place of assembly, or facility that is located in this state and necessary for national or public security, education, or public safety. (2) "Destructive device" shall have the same meaning as provided in Code Section 16-7-80 . (3) "Dwelling" shall have the same meaning as provided in Code Section 16-7-1 . (4) "Hazardous substance" shall have the same meaning as provided in Code Section 12-8-92 . (5) "Public agency" means the state and any city, county, city and county, municipal corporation, chartered organization, public district, or public authority located in whole or in part within this state which provides or has authority to provide fire-fighting, law enforcement, ambulance, medical, or other emergency services. (6) "Public safety agency" means a functional division of a public agency which provides fire-fighting, law enforcement, emergency medical, suicide prevention, emergency management dispatching, poison control, drug prevention, child abuse, spouse abuse, or other emergency services. (7) "Request for emergency services assistance" means a report, transmission, or request for assistance made to a public safety agency through a public safety answering point or other form of communication or a report, statement, or request for assistance knowingly made to another person that is likely to result in the recipient making a report, transmission, or request for assistance from a public safety agency through a public safety answering point or other form of communication. (b) A person commits the offense of making an unlawful request for emergency services assistance when he or she knowingly and intentionally transmits in any manner a request for emergency services assistance knowing at the time of the request for emergency services assistance that there is no reasonable ground for believing the truth of information which forms the basis of such request and when the request involves or relates to: (1) A purported destructive device or hazardous substance located in such a place that its explosion, detonation, or release would endanger human life or cause injury or damage to property; (2) An individual who purportedly has caused or threatened to cause physical harm to himself or herself or another individual by using a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to result in serious bodily injury; (3) An individual who purportedly has committed a criminal act involving the use or threat of physical force or violence or an act constituting an immediate threat to any person's life or safety; or (4) The knowing use of any electronic device or software to alter, conceal, or disguise, or attempt to alter, conceal, or disguise, the location or identity of the person making the request. (c) Except as provided in subsection (d) of this Code section, a person convicted of a violation of subsection (b) of this Code section shall be punished as follows: (1) Upon a first conviction, a misdemeanor of a high and aggravated nature; (2) Upon a second conviction, a felony and punished by imprisonment for not less than five nor more than ten years, by a fine of not less than $5,000.00, or both; and (3) Upon a third or subsequent conviction, a felony and punished by imprisonment for not less than ten nor more than 15 years, by a fine of not less than $25,000.00, or both. (d) (1) If the location of the unlawful request for emergency services assistance in violation of paragraph (1) of subsection (b) of this Code section is critical infrastructure, a person convicted of a violation of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than five nor more than ten years, by a fine of not more than $100,000.00, or both. (2) If serious bodily harm or death results from the response of a public safety agency or if the location of response to an unlawful request for emergency assistance is a dwelling or a place of worship, a person convicted of a first violation of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years, by a fine of not less than $5,000.00, or both. (e) In addition to any other penalty imposed by law for a violation of this Code section, the court shall require the defendant to make restitution to any affected natural person or public or private entity for the reasonable costs or damages associated with the offense, including, without limitation, damage to property, expenses to treat bodily injuries, and the actual value of any goods, services, or income lost as a result of such violation. Restitution made pursuant to this subsection shall not preclude any party from obtaining any other civil or criminal remedy available under any other provision of law. The restitution authorized by this subsection is supplemental and not exclusive.

Legislative History

Amended by 2024 Ga. Laws 512,§ 2-1, eff. 7/1/2024. Amended by 2019 Ga. Laws 73,§ 2, eff. 7/1/2019. Amended by 2016 Ga. Laws 524,§ 2, eff. 5/3/2016. Amended by 2002 Ga. Laws 911, § 3, eff. 6/1/2002.