(a) (1) In this section the following words have the meanings indicated. (2) "Emergency" means a condition that: (i) poses an imminent threat to public safety; and (ii) results in, or is likely to result in: 1. the response of a public official; or 2. the evacuation of an area, a building, a structure, a vehicle, or any other place. (3) "Governmental emergency report recipient" means: (i) a peace officer; (ii) a police agency of the State or a unit of local government; (iii) a person involved in the operation of a public safety answering point, as defined in § 1-301 of the Public Safety Article; or (iv) any other government employee or contractor who is authorized to receive reports of a crime or an emergency. (b) (1) A person may not make, or cause to be made, a statement, report, or complaint of an emergency or alleging the commission of a crime that the person knows to be false as a whole or in material part to a governmental emergency report recipient with reckless disregard of causing bodily harm to an individual as a direct result of a response to the statement, report, or complaint. (2) A person may not violate paragraph (1) of this subsection by making a false statement, report, or complaint alleging the commission of a crime if the result of the statement, report, or complaint is a response from law enforcement and serious physical injury to a person or the death of a person as a proximate result of lawful conduct arising out of the response. (c) (1) Except as provided in paragraph (3) of this subsection, a person who violates subsection (b)(1) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,000 or both. (2) Except as provided in paragraph (3) of this subsection, a person who violates subsection (b)(2) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $20,000 or both. (3) A first-time violation of this section by a minor is a civil offense subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article. (4) In addition to any other penalty provided in this subsection, a court, in imposing a sentence on a person convicted of violating this section, may order the person to reimburse any individual who incurs damages as a proximate result of lawful conduct arising out of the response to the statement, report, or complaint. (d) A person who violates this section may be charged, prosecuted, tried, and convicted in: (1) the county where the defendant made the false statement, report, or complaint; (2) the county in which the statement, report, or complaint was received by a governmental emergency report recipient; or (3) the county in which a governmental emergency report recipient responded to the statement, report, or complaint. (e) In addition to any penalties under subsection (c) of this section, a person who violates this section is civilly liable to any individual who is injured as a result of the violation. (f) This section may not be construed to conflict with 47 U.S.C. § 230 or 42 U.S.C. § 1983.
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