Penal Code 148.4 PC is the California statute that defines the crime of making a false fire alarm or false report of a fire. A person violates this law if he/she tampers with or breaks a fire alarm or fire protection equipment (such as fire extinguishers), triggers a false fire alarm, or makes a false report of a fire. The offense is a misdemeanor punishable by up to 1 year in jail and fines of up to $1000.00.
The language of PC 148.4 states that “any person who does any of the following is guilty of a misdemeanor…(1) willfully and maliciously tampers with…or breaks any fire protection equipment, fire protection installation, fire alarm apparatus, wire, or signal [or] (2) willfully and maliciously sends, gives, transmits, or sounds any false alarm of fire, by means of any fire alarm system or signal or by any other means or methods.
Examples
- going into a Los Angeles school and tampering with a smoke detector.
- entering a store and breaking a fire extinguisher.
- triggering a fire alarm as a prank.
Legal Defenses
People accused under this statute have the right to challenge the allegation with a legal defense. Some effective defenses include the defendant showing that he/she:
- did not act willfully,
- did not act maliciously, and/or
- was falsely accused.
Penalties
Most violations of California Penal Code section 148.4 are charged as misdemeanor offenses (as opposed to felonies or infractions).
The crime is punishable by:
- custody in county jail for up to one year, and/or
- a maximum fine of one thousand dollars.
Our California criminal defense attorneys will explain the following in this article:
- 1. When is making a false fire alarm a crime?
- 2. What are the best defenses to Penal Code 184.4 PC?
- 3. What are the penalties?
- 4. Can a person get a PC 148.4 conviction expunged?
- 5. Are there related offenses?
Tampering with fire protection equipment is a crime in California.
1. When is making a false fire alarm a crime?
Under California law, a district attorney must prove the following to successfully convict a person under this statute:
- the defendant tampered with or broke a fire alarm or type of fire protection equipment,
- the accused triggered a false fire alarm, or
- the defendant made a false report of a fire.1
In addition to the above, a prosecutor must show that the defendant acted both willfully and maliciously.
A person acts “willfully” when he/she commits an act willingly or on purpose.2
A person acts “maliciously” when he/she acts with an intent to:
- do a wrongful act, or
- annoy or injure a person.3
2. What are the best defenses to Penal Code 184.4 PC?
Our defense attorneys advise clients that there are three effective defenses to allegations of making a false report of a fire. These are the accused showing that he/she:
- did not act willfully,
- did not act maliciously,
- was falsely accused.
2.1 No willful act
Recall that a person is only guilty under this statute if he/she acted willfully. Therefore, it is always a defense for an accused to show that he/she did not act with this aim. Perhaps, for example, the accused committed an act on accident.
2.2 No malicious act
Also, recall that a prosecutor must show that a defendant acted maliciously to secure a conviction under these laws. It is always a defense, then, for an accused to show that he/she did not act with malice. Perhaps, for example, the defendant acted with a reasonable belief (although mistaken) that there was an actual fire.
2.3 Falsely accused
A defendant can challenge an allegation by showing that another person falsely accused him/her of breaking the law. False accusations are not uncommon when it comes to this offense. A person might unjustly blame another person out of:
- jealousy,
- revenge, or
- anger.
Violating PC 148.4 is usually a misdemeanor.
3. What are the penalties?
Most violations of this law are charged as misdemeanors.4
The crime is punishable by:
- imprisonment in county jail (as opposed to state prison) for up to one year, and/or
- a maximum fine of one thousand dollars.5
A judge does have the authority to award a defendant with misdemeanor (or summary) probation in lieu of jail time.
Note, though, that if a person breaks this law and it causes great bodily injury or death to another, then the offense:
- becomes a felony, and
- becomes punishable by up to three years in jail and/or a fine between five hundred dollars and ten thousand dollars.
4. Can a person get a PC 148.4 conviction expunged?
A person convicted of a misdemeanor crime under this statute can get a conviction expunged provided that he/she successfully completes:
- a jail term, or
- probation (whichever was imposed).
A person can also get a felony conviction expunged unless it leads to a term in state prison.
5. Are there related offenses?
The following crimes are related to making a false fire alarm:
- false report of an emergency – PC 148.3,
- making a false police report of a crime – PC 148.5, and
- false identification to a police officer – PC 148.9
5.1 False report of an emergency – PC 148.3
Penal Code 148.3 PC is the California statute that makes it a crime for a person to make a false report of an emergency.
Note that while PC 148.4 focuses specifically on fires, this statute applies to emergencies in general.
5.2 Making a false police report of a crime – PC 148.5
Penal Code 148.5 PC is the California statute that makes it illegal to make a false police report of a crime.
Like PC 148.4, a violation of this law can be charged as either a misdemeanor or a felony depending on the facts of the case.
5.3 False identification to a police officer – PC 148.9
Penal Code 148.9 PC is the California statute that makes it a crime for a person knowingly to provide false identification to a peace officer.
While Penal Code 148.4 focuses on fire alarms, equipment, and reports, this statute centers on false identification (e.g., a wrong name).
Call our law firm for legal advice. We offer free consultations.
For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact our law firm at the Shouse Law Group.
Legal References:
- California Penal Code 148.4a PC.
- California Penal Code 7(1) PC. See also California Education Code 1012.
- California Education Code 1012.
- California Penal Code 148.4a PC.
- See same.