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5-71-210. Communicating a false alarm.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-71-210. Communicating a false alarm.
(a) A person commits the offense of communicating a false alarm if he or she purposely initiates or circulates a report of a present, past, or impending bombing, fire, offense, catastrophe, or other emergency while knowing that the report is false or baseless and knowing that it is likely to:
(1) Cause action of any sort by an official or volunteer agency organized to deal with emergencies;
(2) Place any person in fear of physical injury to himself or herself or another person or of damage to his or her property or that of another person; or
(3) Cause total or partial evacuation of any occupiable structure, vehicle, or vital public facility.
(b)(1)(A) Communicating a false alarm is a Class C felony if physical injury to a person results.
(B) Communicating a false alarm is a Class D felony if:
(i) Damage to property results; or
(ii) The false alarm communicates a present or impending bombing and is made to or about a public or private educational institution.
(2)(A) If there is no resulting physical injury or damage to property, communicating a false alarm is a Class A misdemeanor.
(B) A second or subsequent offense that would otherwise be a Class A misdemeanor is a Class D felony.
(c) In addition to any other restitution ordered under § 5-4-205, the court may order that a person who violates this section make restitution to the State of Arkansas or any of its political subdivisions for any cleanup costs associated with the commission of the offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-71-210
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-71-210
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8de34cf5d715143906a9a5b4c02569213c74ac56d7853cdebadb38a83a890c70
Source location: content.xml paragraph 29049
Stored source content
5-71-210. Communicating a false alarm.
(a) A person commits the offense of communicating a false alarm if he or she purposely initiates or circulates a report of a present, past, or impending bombing, fire, offense, catastrophe, or other emergency while knowing that the report is false or baseless and knowing that it is likely to:
(1) Cause action of any sort by an official or volunteer agency organized to deal with emergencies;
(2) Place any person in fear of physical injury to himself or herself or another person or of damage to his or her property or that of another person; or
(3) Cause total or partial evacuation of any occupiable structure, vehicle, or vital public facility.
(b)(1)(A) Communicating a false alarm is a Class C felony if physical injury to a person results.
(B) Communicating a false alarm is a Class D felony if:
(i) Damage to property results; or
(ii) The false alarm communicates a present or impending bombing and is made to or about a public or private educational institution.
(2)(A) If there is no resulting physical injury or damage to property, communicating a false alarm is a Class A misdemeanor.
(B) A second or subsequent offense that would otherwise be a Class A misdemeanor is a Class D felony.
(c) In addition to any other restitution ordered under § 5-4-205, the court may order that a person who violates this section make restitution to the State of Arkansas or any of its political subdivisions for any cleanup costs associated with the commission of the offense.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-205. Restitution.
(a)(1) A defendant who is found guilty or who enters a plea of guilty or nolo contendere to an offense may be ordered to pay restitution.
(2) If the court decides not to order restitution or orders restitution of only a portion of the loss suffered by the victim, the court shall state on the record in detail the reasons for not ordering restitution or for ordering restitution of only a portion of the loss.
(b)(1) Whether a trial court or a jury, the sentencing authority shall make a determination of actual economic loss caused to a victim by the offense.
(2) When an offense has resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant:
(A) Pay the cost of a necessary medical or related professional service or device relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing;
(B) Pay the cost of necessary physical and occupational therapy and rehabilitation;
(C)(i) Reimburse the victim for income lost by the victim as a result of the offense.
(ii) The maximum that a victim may recover for lost income is fifty thousand dollars ($50,000); and
(D) Pay an amount equal to the cost of a necessary funeral and related services in the case of an offense that resulted in bodily injury that also resulted in the death of a victim.
(3) When an offense has not resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant reimburse the victim for income lost by the victim as a result of the offense.
(4)(A) The determination of the amount of loss is a factual question to be decided by the preponderance of the evidence presented to the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-4-205. This identifies an authority to review, not proof of applicability.