N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Order, Public Sensibilities and the Right to Privacy / ARTICLE Offenses Against Public Order
New York Consolidated Laws

N.Y. Penal Law § 240.50 (2026)

Falsely reporting an incident in the third degree

✓ current as of May 2026
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§ 240.50 Falsely reporting an incident in the third degree.
  A person is guilty of falsely reporting an incident in the third
degree when, knowing the information reported, conveyed or circulated to
be false or baseless, he or she:
  1. Initiates or circulates a false report or warning of an alleged
occurrence or impending occurrence of a crime, catastrophe or emergency
under circumstances in which it is not unlikely that public alarm or
inconvenience will result; or
  2. Reports, by word or action, to an official or quasi-official agency
or organization having the function of dealing with emergencies
involving danger to life or property, an alleged occurrence or impending
occurrence of a catastrophe or emergency which did not in fact occur or
does not in fact exist; or
  3. Gratuitously reports to a law enforcement officer or agency (a) the
alleged occurrence of an offense or incident which did not in fact
occur; or (b) an allegedly impending occurrence of an offense or
incident which in fact is not about to occur; or (c) false information
relating to an actual offense or incident or to the alleged implication
of some person therein; or
  4. Reports, by word or action, an alleged occurrence or condition of
child abuse or maltreatment or abuse or neglect of a vulnerable person
which did not in fact occur or exist to:
  (a) the statewide central register of child abuse and maltreatment, as
defined in title six of article six of the social services law or the
vulnerable persons' central register as defined in article eleven of
such law, or
  (b) any person required to report cases of suspected child abuse or
maltreatment pursuant to subdivision one of section four hundred
thirteen of the social services law or to report cases of suspected
abuse or neglect of a vulnerable person pursuant to section four hundred
ninety-one of such law, knowing that the person is required to report
such cases, and with the intent that such an alleged occurrence be
reported to the statewide central register or vulnerable persons'
central register.
  Falsely reporting an incident in the third degree is a class A
misdemeanor.
Notes of Decisions
Cited in 55 cases (5 in the last 5 years), 1987–2022 · leading case: People v. Burwell, 122 N.Y.S.3d 419 (N.Y. App. Div. 3d Dep't 2020).
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People v. Burwell, 122 N.Y.S.3d 419 (N.Y. App. Div. 3d Dep't 2020). · cites it 11× “false information relating to an actual offense or incident" (Penal Law § 240.50 [3] [c]) or "[i]nitiates or circulates a false report .”
Jackler v. Byrne, 658 F.3d 225 (2d Cir. 2011). · cites it 2× “N.Y. Penal Law § 240.50 (McKinney 2008). Similarly, [a] person is guilty of offering a false instrument for filing in the second degree when, knowing that a written instrument contains a false statement or false information, he offers or presents it to a public office or public…”
Montero v. City of N.Y., 890 F.3d 386 (2d Cir. 2018). “§ 1001 ; N.Y. Penal Law § 240.50 ; N.Y. Penal Law § 175.”
People v. Agudio, 149 N.Y.S.3d 326 (N.Y. App. Div. 3d Dep't 2021). · cites it 3× “under circumstances in which it is not unlikely that public alarm or inconvenience will result" (Penal Law § 240.50 [1]) or "[g]ratuitously reports to a law enforcement officer or agency .”
People v. Sinha, 84 A.D.3d 35 (N.Y. App. Div. 1st Dep't 2011). “25 [1]) and falsely reporting an incident in the third degree (Penal Law § 240.50 [3] [a]), based on her impersonating another person and making a series of false allegations against Jones after he, no longer a minor, ended their relationship.”
Stampf v. Long Island R.R., 761 F.3d 192 (2d Cir. 2014). “N.Y. Penal Law § 240.50 . “A person is guilty of falsely reporting an incident in the third degree when, knowing the information reported, conveyed or circulated to be false or baseless, he or she: .”
Brewton v. City of New York, 550 F. Supp. 2d 355 (E.D.N.Y 2008). · cites it 2× “Gratuitously reports to a law enforcement officer or agency (a) the alleged occurrence of an offense or incident which did not in fact occur; or (b) an allegedly impending occurrence of an offense or incident which in fact is not about to occur; or (c) false information relating…”
Phillips v. Cnty. of Orange, 894 F. Supp. 2d 345 (S.D.N.Y. 2012). “) Upon reviewing the case, the District Attorney’s office determined that no charges could be brought against Falletta under N.Y. Penal Law § 240.50 (4), because Hogle was in fact not a mandated reporter under N.”
People v. Taylor, 79 A.D.3d 944 (N.Y. App. Div. 2d Dep't 2010). · cites it 5× “which did not in fact occur” (Penal Law § 240.50 [3] [a]). In describing the elements of the crime, however, the Supreme Court instructed the jury that “[t]he two elements the People must prove beyond a reasonable doubt, one, on or about May 6, 2007, in our County of Queens this…”
People v. Pacer, 847 N.E.2d 1149 (N.Y. 2006). “The People charged defendant with aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3] [a]), two counts of operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [2], [3]), falsely…”
People v. Biear, 119 A.D.3d 599 (N.Y. App. Div. 2d Dep't 2014). · cites it 2× “Here, the federal crime of mail fraud ( 18 USC § 1341 ) requires using the postal service in furtherance of the commission of a fraud, and the state crime of falsely reporting an incident in the third degree (Penal Law § 240.”
People v. Surdis, 275 A.D.2d 553 (N.Y. App. Div. 3d Dep't 2000). · cites it 2× “He reasons that in announcing the presence of a bomb on the premises and calling for the evacuation of the building, the caller was warning of the “impending occurrence of a crime, catastrophe, or emergency” (Penal Law § 240.50 [1]) and not the “impending occurrence of a fire…”
Show all 55 citing cases →
N.Y. Penal Law § 240.50(3): 1 case
Brewton v. City of New York, 550 F. Supp. 2d 355 (E.D.N.Y 2008). “Gratuitously reports to a law enforcement officer or agency (a) the alleged occurrence of an offense or incident which did not in fact occur; or (b) an allegedly impending occurrence of an offense or incident which in fact is not about to occur; or (c) false information relating…”
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