I was charged with a misdemeanor A. 42.072. permits a telephone under the person's control to be used by another
(b) A person commits an offense if the person makes a telephone call to 9-1-1 when there is not an emergency and knowingly or intentionally: (1) remains silent; or. 9-1-1, also written 911, is an emergency telephone number for the North American Numbering Plan (NANP), one of eight N11 codes. Learn more about Abuse of Official Capacity and Misuse of Official Information. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person: (1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene; (2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person's family or household, or the person's property; (3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury; (4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; (5) makes a telephone call and intentionally fails to hang up or disengage the connection; (6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; or. 1.01, eff. 393), Sec. 1, Sec. September 1, 2013. Each state has different penalties for 911 misuse, but in the worst cases, abuse can lead to jail time and stiff fines. 900, Sec. 1, eff. 1.01, eff. In the above situations, misuse of 911 can be charged as a first degree misdemeanor, which comes with potential penalties including a fine up to $1,000 and up to one year in jail. Sept. 1, 1989. 522 (S.B. (c) It is a defense to prosecution under Section 42.01(a)(5), 42.03, or 42.055: (1) that in circumstances in which this section requires an order no order was given; (2) that an order, if given, was manifestly unreasonable in scope; or. (a) A person commits an offense if the person knowingly directs a light from a laser pointer at a uniformed safety officer, including a peace officer, security guard, firefighter, emergency medical service worker, or other uniformed municipal, state, or federal officer. 62, Sec. Sec. (a) A person is guilty of misuse of the emergency 9-1-1 system when such person (1) dials or otherwise causes E 9-1-1 to be called for the purpose of making a false alarm or complaint, or (2) purposely reports false information which could result in the dispatch of emergency services. 1, eff. 'A Disaster Within A Disaster': Carbon Monoxide Poisoning Cases Are Surging In Texas : Live Updates: Winter Storms 2021 Health officials told … 179), Sec. 318, Sec. Sec. (a) An individual commits an offense if the individual knowingly prevents or interferes with another individual's ability to place an emergency call or to request assistance, including a request for assistance using an electronic communications device, in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals. 886 (H.B. This is puzzling. (e) It is a defense to prosecution under this section that the actor: (1) as a member or agent of a cemetery organization, removed or damaged anything that had been placed in or on any portion of the organization's cemetery in violation of the rules of the organization; or, (A) placed in the cemetery in violation of the rules of the cemetery organization; or. Scope of the Problem . (a) For the purpose of this section, "riot" means the assemblage of seven or more persons resulting in conduct which: (1) creates an immediate danger of damage to property or injury to persons; (2) substantially obstructs law enforcement or other governmental functions or services; or. FUNERAL SERVICE DISRUPTIONS. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. (d) An offense under this section is a Class A misdemeanor. § 22.041 Abandoning or Endangering Child (a) In this section, “abandon” means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated … DALLAS COUNTY, Texas - Police are accusing a North Texas city councilwoman of abusing the 911 emergency system.But despite what police claim, Wanda Adams is defending her actions, reports CBS DFW. 900, Sec. (8) "Trip" means to use an object to cause a horse to fall or lose its balance. NOTE: This information is NOT LEGAL ADVICE. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. legal advice regarding a criminal matter in the state of Texas, please
case questionnaire. Then, at 12:37 p.m. Friday, police received a report of a burglary in progress at that address. 9, eff. Restrictions on 911 use; secondary backup emergency number authorized; certain automatic alerting devices connected to network prohibited; possible penalties for misuse. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 42.07. 680 (H.B. Sec. A Balch Springs city council member has been arrested for an alleged abuse of the 911 system. 1278 (H.B. 42.14 by Acts 1993, 73rd Leg., ch. Texas Penal Code Chapter 39 criminalizes certain behavior. 2, eff. HARASSMENT. (a) In this section "9-1-1 service" and "public safety answering point" or "PSAP" have the meanings assigned by Section 772.001, Health and Safety Code. Sec. Abuse of Corpse 42.09 Cruelty to Livestock Animals 42.10 Dog Fighting 42.11 Destruction of Flag 42.12 Discharge of Firearm in Certain Municipalities 42.13 Use of Laser Pointers 42.14 Illumination of Aircraft by Intense Light 42.055 Funeral Service Disruptions 42.062 Interference With Emergency Request for Assistance 42.072 Stalking 42.075 Each state has different punishments for 911 misuse, but in the worst cases, abuse can lead to jail time and stiff fines. Acts 2013, 83rd Leg., R.S., Ch. It is important to everyone's safety that emergency … September 1, 2011. (4) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code. Sec. (2) the light has an intensity sufficient to impair the operator's ability to control the aircraft. 657, Sec. 2328), Sec. While there are no national surveys detailing the full extent of 911 misuse and North Carolina General Statutes § 14-111.4 Misuse of 911 system It is unlawful for an individual who is not seeking public safety assistance, is not providing 911 service, or is not responding to a 911 call to access or attempt to access the 911 system for a purpose other than an emergency communication. (5) vandalizes, damages, or treats in an offensive manner the space in which a human corpse has been interred or otherwise permanently laid to rest. Acts 2013, 83rd Leg., R.S., Ch. (a) In this section: (1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person. Amended by Acts 1995, 74th Leg., ch. This applies only to an emergency communication district created before Jan. 1, 1988, located in a county with a population of more than 20,000, or in a group of two or more contiguous counties, each with a population of 20,000 or more. 14, Sec. Meanwhile, Gov. 1, eff. (a) A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more. 4, eff. 27, Sec. STALKING. A Florida man with a large tattoo of the state on his forehead was arrested after repeatedly calling 911 to get a ride home, before being found with 20 grams of marijuana on him. Knowingly use 911 to avoid paying a charge for any public service. (b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct. The term does not include a representation of a flag on a written or printed document, a periodical, stationery, a painting or photograph, or an article of clothing or jewelry. 800, Sec. A school employee attempted to harass me by calling 911 for a non emergency situation off the grounds of his work place... and I want to to make a complaint or perhaps take him to civil court. 3091), Sec. (f) Subsections (a)(1), (2), (3), (5), and (6) do not apply to a person who, at the time the person engaged in conduct prohibited under the applicable subdivision, was a student younger than 12 years of age, and the prohibited conduct occurred at a public school campus during regular school hours. 1.01, eff. (D) native or nonnative fowl commonly raised under agricultural practices. 399, Sec. Read this complete Texas Penal Code § 42.061. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 1, 2, eff. 1, eff. (e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code. 1, eff. September 1, 2013. 1275, Sec. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. COCKFIGHTING. Jan. 1, 1974. (3) any portion of the cremated remains of a human corpse. (3) that an order, if given, was promptly obeyed. Sept. 1, 2003. DISRUPTING MEETING OR PROCESSION. 1972), Sec. (a) In this section "9-1-1 service" and "public safety
Sec. 9-1-1, also written 911, is an emergency telephone number for the North American Numbering Plan (NANP), one of eight N11 codes.Like other emergency numbers around the world, this number is intended for use in emergency circumstances only, and using it for any other purpose (such as making false or prank calls) is a crime in most jurisdictions. sitemap > texas penal code, section 42.061. Added by Acts 1989, 71st Leg., ch. (d) It is a defense to prosecution under Subsection (a)(1) that the actor caused a dog to fight with another dog to protect livestock, other property, or a person from the other dog, and for no other purpose. Of these, 13 make interference or interruption a crime, irrespective of the nature of the emergency. Acts 2017, 85th Leg., R.S., Ch. DESTRUCTION OF FLAG. (6) attends as a spectator an exhibition of dog fighting. (d) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections. (2) Misuse of 911 emergency telephone service is a misdemeanor. Sept. 1, 2003. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Unless otherwise provided in this chapter or by state statute adopted by reference, any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be sentenced to a fine not to exceed $1,000 and/or 90 days in jail. Sept. 1, 1995; Acts 2001, 77th Leg., ch. Food 911 - 2000 Texas Tea Party 4-17 was released on: USA: 21 September 2004 Who do you contact about elderly abuse? 2 (H.B. § 42.061. Acts 2011, 82nd Leg., R.S., Ch. DISORDERLY CONDUCT AND RELATED OFFENSES. Sept. 1, 1994. Misuse of Official Information on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the … What are the chances of me going back to jail when I go to court? 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (a) A person commits an offense if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance. Florida woman, Melissa Harbor was arrested for the misuse of 911 after she repeatedly dialed the number 32 times before flirtatiously asking an officer to bring ice cream to her hotel room. 2, eff. (f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful: (1) form of conduct occurring solely for the purpose of or in support of: (B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or. 4, eff. 19, eff. (b) An offense under this section is a state jail felony, except that an offense under Subsection (a)(5) is a Class A misdemeanor. 1232), Sec. CHAPTER 42. CRUELTY TO LIVESTOCK ANIMALS. As Attachment 1 shows, 16 states make it a crime to interrupt an emergency telephone or 911 call. You were reporting an actual crime, and you were the actual victim. September 1, 2011. September 1, 2007. (g) An offense under Subsection (b)(1) or (2) is a state jail felony. (b) A person commits an offense if the person knowingly: (1) causes a cock to fight with another cock; (2) participates in the earnings of a cockfight; (3) uses or permits another to use any real estate, building, room, tent, arena, or other property for cockfighting; (4) owns or trains a cock with the intent that the cock be used in an exhibition of cockfighting; (5) manufactures, buys, sells, barters, exchanges, possesses, advertises, or otherwise offers a gaff, slasher, or other sharp implement designed for attachment to a cock with the intent that the implement be used in cockfighting; or. 1, eff. Jan. 28, 1997. Sec. 8, eff. (a) A person commits an offense if he knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily: (1) cause action by an official or volunteer agency organized to deal with emergencies; (2) place a person in fear of imminent serious bodily injury; or. (2) "Funeral service" means a ceremony, procession, or memorial service, including a wake or viewing, held in connection with the burial or cremation of the dead. (b) For purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or hazardous. (c) An offense under this section is a Class B misdemeanor. Added by Acts 1997, 75th Leg., ch. 399, Sec. (a) A person commits an offense if he intentionally or knowingly: (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; (3) creates, by chemical means, a noxious and unreasonable odor in a public place; (4) abuses or threatens a person in a public place in an obviously offensive manner; (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy; (6) fights with another in a public place; (7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code; (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm; (9) discharges a firearm on or across a public road; (10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or. After the responders got to the building to help the drug overdose victim who was the subject of the first call, they mistakenly determined that the second call was about the same victim. (2) "Cock" means the male of any type of domestic fowl. 42.075. 911 Misuse Articles, Featured Columnists, Training Courses, Product Reviews and Videos. In this chapter: (1) "Law relating to a public servant's office or employment" means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly: (A) imposes a duty on the public servant; or (B) governs the conduct of the public servant. 14, eff. Jan. 1, 1974. Acts 2013, 83rd Leg., R.S., Ch. (c) A person commits an offense if the person knowingly permits an electronic communications device, including a telephone, under the person's control to be used by another person in a manner described in Subsection (b). 331 (H.B. (g) Noise arising from space flight activities, as defined by Section 100A.001, Civil Practice and Remedies Code, if lawfully conducted, does not constitute "unreasonable noise" for purposes of this section. 3252 § 1, 1999]. 1, eff. 42.111 and amended by Acts 1993, 73rd Leg., ch. (a) A person commits an offense if the person intentionally or knowingly: (2) fails unreasonably to provide necessary food, water, or care for a livestock animal in the person's custody; (3) abandons unreasonably a livestock animal in the person's custody; (4) transports or confines a livestock animal in a cruel and unusual manner; (5) administers poison to a livestock animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner's effective consent; (6) causes one livestock animal to fight with another livestock animal or with an animal as defined by Section 42.092; (7) uses a live livestock animal as a lure in dog race training or in dog coursing on a racetrack; (9) seriously overworks a livestock animal. If the situation is an immediate emergency, you should call 911. 42.055. (d) If conduct constituting an offense under this section also constitutes an offense under Section 552.352, Government Code, the actor may be prosecuted under either section. (c) An offense under Subsection (b)(3), (4), (5), (6), or (9) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09. (8) "Torture" includes any act that causes unjustifiable pain or suffering. Sec. 42.08. Acts 2007, 80th Leg., R.S., Ch. According to the GBPD’s Daily Incident Log, an individual at Finer Mobile Home Park, 5501 9th St. (2) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering. September 1, 2011. 2, eff. The Great Bend Police Department is investigating possible misuse of 911 services. There are the recent arrests for individuals charged under what was recorded as PUBLIC ORDER CRIMES (MISUSE 911 OR E911 SYSTEM).This charge is recorded by the Lee County or … A man who appeared to showcase his love for the Sunshine State with a Florida-shaped tattoo on his forehead, called 911 for a ride home but ended up going to jail instead. (a) A person commits an offense if: (1) the person intentionally directs a light from a laser pointer or other light source at an aircraft; and. 1357 (S.B. (2) animal husbandry or agriculture practice involving livestock animals. For the purposes of this guide, 911 misuse and abuse is divided into two categories: unintentional and intentional § calls. If a person gets convicted of this offense four … Overall, calling 9-1-1 for non-emergency situations, such as prank calls, can lead to criminal sanctions. Amended by Acts 1999, 76th Leg., ch. DISORDERLY CONDUCT AND RELATED OFFENSES § 42.061. (f) In this section, "cemetery" and "cemetery organization" have the meanings assigned by Section 711.001, Health and Safety Code. June 14, 2013. An offense under Subsection (b)(6) is a Class C misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that the person has been previously convicted of an offense under that subdivision. You can search here on AVVO or locally for a criminal defense attorney, or look on … Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 1.01, eff. misuse of 911. six non emergency calls made to 911 each time a police officer responded. Millions lose benefits as aid bill awaits Trump approval (a) A person commits an offense if the person, without legal authority, knowingly: (1) disinters, disturbs, damages, dissects, in whole or in part, carries away, or treats in an offensive manner a human corpse; (2) conceals a human corpse knowing it to be illegally disinterred; (3) sells or buys a human corpse or in any way traffics in a human corpse; (4) transmits or conveys, or procures to be transmitted or conveyed, a human corpse to a place outside the state; or. This guide does not address these problems: 1. multiple 911 calls about the same incident, such as multiple calls about a traffic accident; and 2. false burglar and fire alarm 911 calls (see the False Burglar Alarms guidein this series). (a) A person is guilty of misuse of the emergency 9-1-1 system when such person (1) dials or otherwise causes E 9-1-1 to be called for the purpose of making a false alarm or complaint, or (2) purposely reports false information which could result in the dispatch of emergency services. (d) An affirmative defense to prosecution is not available under Subsection (c) if evidence shows that the actor is also engaging in use of the cocks for cockfighting. (d) An offense under this section is a Class B misdemeanor. The woman called 911 four times and was arrested for “misuse of the wireless 911 system.” 911 is a valuable emergency service and authorities do take it seriously when it is misused. CRUELTY TO NONLIVESTOCK ANIMALS. If you need
762), Sec. The types of calls considered 911 abuse or misuse vary, but we found callers complaining of things like sore throats, boils on their gentials, canker sores, cysts, ear pain, heartburn, and cavities. A Largo man's late night craving and demand for tacos landed him in the Pinellas County jail for misuse of a 911 system. September 1, 2017. 2 Misuse and Abuse of 911 . Acts 1973, 63rd Leg., p. 883, ch. 1409 (S.B. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY. (g) This section does not create a civil cause of action for damages or enforcement of the section. Jan. 1, 1974. ABUSE OF OFFICE. 331 (H.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Like other emergency numbers around the world, this number is intended for use in emergency circumstances only, and using it for any other purpose (such as making false or prank calls) is a crime in most jurisdictions. Call Wallin & Klarich today if you are being charged with misuse of 911. Renumbered from Penal Code Sec. In San Francisco and … Texas Penal Code Sec. (b) An offense under this section is a Class B misdemeanor. 1, eff. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. The term does not include an uncaptured wild living creature or a livestock animal. 1, eff. For example, in California, the Penal code reads. Nothing was found. 331 (H.B. If you are a target of, or witness to, such abuse it is imperative to call 911 and seek police assistance, especially if physical violence has already occurred. Police said councilwoman Wanda Adams called … Acts 2007, 80th Leg., R.S., Ch. Sec. Acts 2005, 79th Leg., Ch. That's the only charge I was given. (d) It is a defense to prosecution under this section that: (1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code; or. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 1.01, eff. 1012), Sec. DEFINITIONS. Acts 2011, 82nd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (3) felony of the third degree if the actor or an animal owned by or otherwise in the custody of the actor kills an assistance animal. 582, Sec. 42.062. (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the person may be prosecuted under either section. 467, Sec. (7) "Torture" includes any act that causes unjustifiable pain or suffering. 1, eff. [Ord. (2) makes abusive or harassing statements to a PSAP
(c) It is a defense to prosecution under this section that the assembly was at first lawful and when one of those assembled manifested an intent to engage in conduct enumerated in Subsection (a), the actor retired from the assembly. Silent or Abusive Calls to 9-1-1 Service on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Sept. 1, 1994. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sec. Terry Kimbell, 50, called 911 from his cell phone to inform the dispatcher Taco Bell would not sell him tacos while he stood in the drive-thru lane Tuesday night [9/13/2011], according to a Largo police report. (b) A person commits an offense if he knowingly participates in a riot. (a) A person commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance animal. Florida Man Calls 911 to Brag After Fleeing Deputy Nicholas Jones, 19, was arrested back on May 5 on charges including reckless driving, fleeing and eluding, misusing 911 and violation of probation 42.11. (3) For purposes of this section, “public safety agency” means any federal, state, or county police, fire, emergency medical service, or emergency management agency. (e) It is a defense to prosecution for an offense under this section that: (1) the actor was engaged in bona fide experimentation for scientific research; or. DISORDERLY CONDUCT. (d) In this section, "emergency" means a condition or circumstance in which any individual is or is reasonably believed by the individual making a call or requesting assistance to be in fear of imminent assault or in which property is or is reasonably believed by the individual making the call or requesting assistance to be in imminent danger of damage or destruction. Sept. 1, 1994. (7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health. (6) "Necessary food, water, or care" includes food, water, or care provided to the extent required to maintain the livestock animal in a state of good health. TAGS: misuse of 911 . (d) It is a defense to prosecution under Subsection (a)(8) that the actor tripped the horse for the purpose of identifying the ownership of the horse or giving veterinary care to the horse. (c-2) An offense under Subsection (b)(7) or (8) is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted under this section or under Section 42.09. (a) Any person who telephones the 911 emergency line with the (b) An individual commits an offense if the individual recklessly renders unusable an electronic communications device, including a telephone, that would otherwise be used by another individual to place an emergency call or to request assistance in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals. 145, Sec. 1, eff. Sept. 1, 2001. September 1, 2013. (d) It is no defense to prosecution under this section that another who was a party to the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution. (3) "Obscene" means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function. (3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering. USE OF LASER POINTERS. 1284), Sec. TITLE 9. SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE. But I can't seem to find anything similar for Oregon state. There are the recent arrests for individuals charged under what was recorded as MISUSE OF 911 SYSTEM.This charge is recorded by the Mecklenburg County or other local sheriff's department.