False Alarm or Report

Chapter 42 of the Texas Penal Code defines disorderly conduct and other related charges.

“False Alarm or Report”, as per § 42.06 of the Texas Penal Code, occurs when a person 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:

  • cause action by an official or volunteer agency organized to deal with emergencies;
  • place a person in fear of imminent serious bodily injury; or
  • prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other mode of conveyance.

An offense under this section is a Class A misdemeanor unless the false report is of an emergency involving a public or private institution of higher education or involving a public primary or secondary school, public communications, public transportation, public water, gas, or power supply or other public service, in which event the offense is a state jail felony.

Punishment Range

Misdemeanor A

  • Confinement in jail for a term not to exceed one year
  • Fine not to exceed $4,000
  • Both such fine and confinement

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days
  • In addition to confinement, may receive a fine not to exceed $10,000

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