New York Consolidated Laws
N.Y. Penal Law § 240.55 (2026)
Falsely reporting an incident in the second degree
✓ current as of May 2026
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§ 240.55 Falsely reporting an incident in the second degree. A person is guilty of falsely reporting an incident in the second 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 fire, explosion, or the release of a hazardous substance under circumstances in which it is not unlikely that public alarm or inconvenience will result; 2. Reports, by word or action, to any 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 fire, explosion, or the release of a hazardous substance which did not in fact occur or does not in fact exist; or 3. Knowing the information reported, conveyed or circulated to be false or baseless and under circumstances in which it is likely public alarm or inconvenience will result, he or she initiates or circulates a report or warning of an alleged occurrence or an impending occurrence of a fire, an explosion, or the release of a hazardous substance upon any private premises. Falsely reporting an incident in the second degree is a class E felony.
Notes of Decisions
Cited in 13
cases, 1990–2019 · leading case: People v. Bayes, 584 N.E.2d 643 (NY 1991).
People v. Bayes, 584 N.E.2d 643 (NY 1991). “Defendant was charged with second degree falsely reporting an incident (Penal Law § 240.55 [1]). A person is guilty of that offense "when, knowing the information reported, conveyed or circulated to be false or baseless, he or she * * * [initiates or circulates a false report or…”
The Matter of Mariah Corrigan v. New York State Off. of Child. & Fam. Servs., 71 N.E.3d 537 (NY 2017). “Social Services Law § 422 further established, by amendment adopted in 2000, a means whereby parents could seek early expungement of sealed unfounded reports, if either “(i) the source of the report was convicted of a violation of [Penal Law § 240.55 (3) (falsely reporting an…”
King v. King, 15 A.D.3d 999 (N.Y. App. Div. 2005). “Finally, we conclude that the court properly declined to address petitioner’s allegations that respondent violated “Penal Law § 240.55 (3) [sic].” Crimes are prosecuted by a district attorney and Family Court lacks jurisdiction to address criminal charges (see CPL 10.”
People v. Surdis, 275 A.D.2d 553 (N.Y. App. Div. 2000). “50 [1]) and not the “impending occurrence of a fire [or an] explosion” (Penal Law § 240.55 [1]), since there was no indication that a *554 bomb would actually explode.”
People v. Hanifin, 77 A.D.3d 1181 (N.Y. App. Div. 2010). “which did not in fact occur or does not in fact exist” (Penal Law § 240.55 [2]). Testimony and a recording of the 911 call showed that defendant called an emergency services agency and reported that he had gasoline and was going to set himself on fire.”
People v. Trester, 190 Misc. 2d 46 (Tuckahoe Just. Ct. 2002). “Carol Trester is charged with falsely reporting an incident in the second degree (Penal Law § 240.55 [3]) (child abuse or maltreatment), concerning her son.”
Matter of Corrigan v. New York State Off. of Child. & Fam. Servs., 129 A.D.3d 1073 (N.Y. App. Div. 2015). “However, pursuant to Social Services Law § 422 (5) (c): “[OCFS] may, in its discretion, grant a request to expunge an unfounded report where: (i) the source of the report was convicted of a violation of [Penal Law § 240.55 (3)] in regard to such report; or (ii) the subject of…”
People v. LV, 182 Misc. 2d 912 (N.Y. Sup. Ct. 1999). “In the case of the District Attorney or Assistant District Attorney, the report may only be disclosed *915 for purposes of investigating or prosecuting a violation of Penal Law § 240.55 (3). Although it may be a harsh (and perhaps unanticipated) anomaly, the court does not…”
People v. Berliner, 179 Misc. 2d 844 (1999). “This is a case of first impression involving the confidentiality provisions of Social Services Law § 422 in interaction with Penal Law § 240.55 (3). Defendant herein is charged with having falsely reported an incident of child neglect to the Statewide Central Register of Child…”
People v. Bayes, 147 Misc. 2d 288 (Fulton City Ct. 1990). “*289 Defendant was convicted of falsely reporting an incident in the second degree in violation of Penal Law § 240.55 (1). The defendant raises four points with regard to the conduct of the trial, two of which concern the charge to the jury and another that concerns the time at…”
In re T.J.O., 13 Misc. 3d 401 (N.Y.C. Fam. Ct. 2006). “On May 30, 2006, the presentment agency filed a petition alleging that the respondent engaged in the act of falsely reporting an incident in the second degree (Penal Law § 240.55), a class E felony. It was alleged that on March 9, 2006 he left a note in the bathroom at Nyack…”
People v. DeShields, 2019 NY Slip Op 1090 (N.Y. App. Div. 2019). “Viewing the evidence in the light most favorable to the prosecution ( see People v Contes , 60 NY2d 620, 621 ), we find that it was legally sufficient to establish the defendant's guilt of seven counts of falsely reporting an incident in the second degree (Penal Law § 240.55[1])…”
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