Minn. Stat. § 609.78

Current through 2024, c. 127
Section 609.78 - EMERGENCY TELEPHONE CALLS AND COMMUNICATIONS
Subdivision 1.Misdemeanor offenses.

Whoever does the following is guilty of a misdemeanor:

(1) refuses to relinquish immediately a coin-operated telephone or a telephone line consisting of two or more stations when informed that the line is needed to make an emergency call;
(2) secures a relinquishment of a coin-operated telephone or a telephone line consisting of two or more stations by falsely stating that the line is needed for an emergency;
(3) publishes telephone directories to be used for telephones or telephone lines and the directories do not contain a copy of this section;
(4) makes a call for emergency police, fire, medical, or ambulance service, knowing that no police, fire, or medical emergency exists;
(5) interrupts, disrupts, impedes, or otherwise interferes with the transmission of a citizen's band radio channel communication the purpose of which is to inform or inquire about a medical emergency or an emergency in which property is or is reasonably believed to be in imminent danger of damage or destruction; or
(6) makes or initiates an emergency call, knowing that no emergency exists, and with the intent to disrupt, interfere with, or reduce the provision of emergency services or the emergency call center's resources, remains silent, or makes abusive or harassing statements to the call recipient.
Subd. 2.Gross misdemeanor offenses.

Whoever does the following is guilty of a gross misdemeanor:

(1) intentionally interrupts, disrupts, impedes, or interferes with an emergency call or who intentionally prevents or hinders another from placing an emergency call, and whose conduct does not result in a violation of section 609.498;
(2) places an emergency call and reports a fictitious emergency with the intent of prompting an emergency response by law enforcement, fire, or emergency medical services personnel; or
(3) violates subdivision 1, clause (6), after having been previously convicted or adjudicated delinquent for violating that clause.
Subd. 2a.Felony offense; reporting fictitious emergency resulting in serious injury.

Whoever violates subdivision 2, clause (2), is guilty of a felony and may be sentenced as follows:

(1) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the call triggers an emergency response and, as a result of the response, someone suffers great bodily harm or death; or
(2) to imprisonment of not more than three years or to payment of a fine of not more than $10,000, or both, if the call triggers an emergency response and as a result of the response, someone suffers substantial bodily harm.
Subd. 2b.Other felony offenses.

Whoever does the following is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:

(1) violates subdivision 1, clause (6), after having been previously convicted or adjudicated delinquent for violating that clause on more than one occasion; or
(2) intentionally uses multiple communications devices or electronic means to block, interfere with, overload, or otherwise prevent the emergency call center's system from functioning properly, and these actions make the system unavailable to someone needing emergency assistance.
Subd. 2c.Felony offense; reporting fictitious emergency resulting in response to the home of certain officials.

Whoever violates subdivision 2, clause (2), is guilty of a felony and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $5,000, or both, if the person places the call with the intent of prompting an emergency response to the home of:

(1) an elected official;
(2) a judge as defined in section 609.221, subdivision 6, clause (5);
(3) a prosecuting attorney as defined in section 609.221, subdivision 6, clause (4);
(4) an employee of a correctional facility as defined in section 241.021, subdivision 1i; or
(5) a peace officer as defined in section 626.84, subdivision 1, paragraph (c).
Subd. 3.Definition.
(a) Except as provided in paragraph (b), for purposes of this section, "emergency call" means:
(1) a 911 call;
(2) any call for emergency medical or ambulance service; or
(3) any call for assistance from a police or fire department or for other assistance needed in an emergency to avoid serious harm to person or property, and an emergency exists.
(b) As used in subdivisions 1, clause (6); 2, clause (2); 2a; and 2c:
(1) "call" includes the use of any method of communication including, but not limited to: telephones, facsimiles, Voice over Internet Protocols, email messages, text messages, and electronic transmissions of an image or video; and
(2) "emergency call" has the meaning given in paragraph (a) but does not require the existence of an emergency.

Minn. Stat. § 609.78

1963 c 753 art 1 s 609.78; 1971 c 23 s 79; 1983 c 140 s 1; 1984 c 630 s 1; 1997 c 239 art 3 s 19; 1999 c 24 s 1; 2008 c 270 s 1; 2013 c 20 s 1

Amended by 2024 Minn. Laws, ch. 123,s 6-18, eff. 8/1/2024.
Amended by 2024 Minn. Laws, ch. 123,s 6-17, eff. 8/1/2024.
Amended by 2023 Minn. Laws, ch. 52,s 4-19, eff. 7/1/2023.
Amended by 2013 Minn. Laws, ch. 20,s 1, eff. 8/1/2013.