False Public Alarm in New Jersey

N.J.S.A. 2C:33-3 · Public Order & Disorderly Persons Offenses

What the law says

The section prohibits knowingly initiating, circulating, or transmitting certain false or baseless reports or warnings, placing a false or facsimile bomb in specified circumstances, and making specified improper calls to a 9-1-1 emergency telephone system. It also establishes increased offense degrees for certain subject matter, consequences, or declared emergencies.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:33-3, that means:

• A person initiates or circulates a report or warning of an impending fire, explosion, crime, catastrophe, emergency, or other incident, knowing that the report or warning is false or baseless and that it is likely to cause evacuation of a building, place of assembly, or facility of public transport, or to cause public inconvenience or alarm.
• The false alarm involves a report or warning of an impending bombing, hostage situation, person armed with a deadly weapon as defined by subsection c. of N.J.S.2C:11-1, or another incident that elicits an immediate or heightened response by law enforcement or emergency services.
• The false alarm involves a report or warning about critical infrastructure located in this State.
• A person knowingly causes the false alarm to be transmitted to or within an organization, official or volunteer, for dealing with emergencies involving danger to life or property.
• In addition to a report or warning initiated, circulated, or transmitted under subsection a., a person places or causes to be placed a false or facsimile bomb in a building, place of assembly, facility of public transport, or a place likely to cause public inconvenience or alarm.
• A violation of subsection a. in fact results in serious bodily injury to another person or death, or occurs during a declared period of national, State, or county emergency.
• A person knowingly places a call to a 9-1-1 emergency telephone system without purpose of reporting the need for 9-1-1 service, or knowingly places such a call with purpose to intimidate or harass an individual or group because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.

How the charge is graded

• Under subsection a.(1)(a), a person is guilty of a crime of the third degree for initiating or circulating the specified false or baseless report or warning.
• Under subsection a.(1)(b), a person is guilty of a crime of the second degree if the false alarm involves a report or warning of an impending bombing, hostage situation, person armed with a deadly weapon as defined by subsection c. of N.J.S.2C:11-1, or another incident that elicits an immediate or heightened response by law enforcement or emergency services.
• Under subsection a.(1)(c), a person is guilty of a crime of the second degree if the false alarm involves a report or warning about any critical infrastructure located in this State.
• Under subsection a.(2), a person is guilty of a crime of the third degree if the person knowingly causes the false alarm to be transmitted to or within an organization, official or volunteer, for dealing with emergencies involving danger to life or property.
• Under subsection b., a person is guilty of a crime of the second degree for the specified false or facsimile bomb placement; a violation of this subsection is a crime of the first degree if it occurs during a declared period of national, State or county emergency.
• Under subsection c., a person is guilty of a crime of the second degree if a violation of subsection a. in fact results in serious bodily injury to another person or occurs during a declared period of national, State or county emergency; a person is guilty of a crime of the first degree if a violation of subsection a. in fact results in death.
• Under subsection e., a person is guilty of a crime of the fourth degree for knowingly placing a call to a 9-1-1 emergency telephone system without purpose of reporting the need for 9-1-1 service.
• Under subsection f., a person is guilty of a crime of the third degree for knowingly placing a call to a 9-1-1 emergency telephone system with purpose to intimidate or harass an individual or group of individuals because of a listed characteristic.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• For purposes of subsection a.(1)(c), “critical infrastructure” means any building, place of assembly, or facility that is indispensably necessary for national security, economic stability, or public safety.
• For purposes of the section, “in fact” means that strict liability is imposed. It is not a defense that death or serious bodily injury was not a foreseeable consequence of the person's acts, or that it was caused by another person's actions or by circumstances beyond the actor's control.
• The actor is strictly liable upon proof that the crime occurred during a declared period of national, State or county emergency. It is not a defense that the actor did not know there was a declared period of emergency at the time the crime occurred.
• All local and county law enforcement authorities shall submit an annual report, on a form prescribed by the Attorney General, to the Uniform Crime Reporting Unit within the Division of State Police in the Department of Law and Public Safety, or to another designated recipient determined by the Attorney General. The report shall contain the number and nature of offenses under this section committed within their respective jurisdictions and the disposition of these offenses.
• Every two years, the Uniform Crime Reporting Unit or other designated recipient shall forward a summary of all reports received during the preceding two-year period, along with a summary of offenses investigated by the Division of State Police for the same period, to the State's Office of Emergency Management.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Free-speech and protected-conduct defenses
• Lack of the required purpose to harass, alarm, or annoy
• Witness and video evidence that undercuts the complaint
• Conditional dismissal (N.J.S.A. 2C:43-13.1) for eligible first-time municipal court defendants

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your False Public Alarm charge.

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Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.