(1) (a) As used in this section, "weapon of mass destruction" means the same as that term is defined in Section 76-15-301 . (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits making a false alarm if the actor: (a) initiates or circulates a report or warning of a fire, impending bombing, or other crime or catastrophe; and (b) knows that that the report or warning described in Subsection (2)(a) is: (i) false or baseless; (ii) is likely to cause the evacuation of a building, place of assembly, or facility of public transport; and (iii) likely to cause public inconvenience or alarm or action of any sort by an official or volunteer agency organized to deal with emergencies. (3) (a) Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is a class B misdemeanor. (b) Except as provided in Subsection (3)(c) , a violation of Subsection (2) is a third degree felony if: (i) the actor makes a false alarm alleging an ongoing act or event, or an imminent threat; and (ii) the false alarm causes or threatens to cause bodily harm, serious bodily injury, or death to another individual. (c) A violation of Subsection (2) is a second degree felony if the false alarm is regarding a weapon of mass destruction. (4) In addition to any other penalty authorized by law, a court shall order an actor convicted of a felony violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the court finds the reimbursement would be inappropriate.
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