Penal Code 148.4 PC – False Fire Alarm or False Report of a Fire – California Law

California Penal Code 148.4 PC defines the crime of making a false fire alarm or 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.

A person violates this law if he/she

1. tampers with or breaks a fire alarm or fire protection equipment (such as fire extinguishers),
2. triggers a false fire alarm, or
3. 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 full text of the code section reads:

148.4. (a) Any person who does any of the following is guilty of a misdemeanor and upon conviction is punishable by imprisonment in a county jail, not exceeding one year, or by a fine, not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment:

(1) Willfully and maliciously tampers with, molests, injures, or breaks any fire protection equipment, fire protection installation, fire alarm apparatus, wire, or signal.

(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.

(b) Any person who 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, is guilty of a felony and upon conviction is punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine of not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment, if any person sustains as a result thereof, any of the following:

(1) Great bodily injury.

(2) Death.

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?
  • 2.1 No willful act
  • 2.2 No malicious act
  • 2.3 Falsely accused
• 3. What are the penalties?
• 4. Can a person get a PC 148.4 conviction expunged?
• 5. Are there related offenses?
  • 5.1 False report of an emergency – PC 148.3
  • 5.2 Making a false police report of a crime – PC 148.5
  • 5.3 False identification to a police officer – PC 148.9

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:

1. the defendant tampered with or broke a fire alarm or type of fire protection equipment,
2. the accused triggered a false fire alarm, or
3. 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:

1. did not act willfully,
2. did not act maliciously,
3. 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.

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:

1. false report of an emergency – PC 148.3,
2. making a false police report of a crime – PC 148.5, and
3. 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).

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.

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Legal References:

1. California Penal Code 148.4a PC.
2. California Penal Code 7(1) PC. See also California Education Code 1012.
3. California Education Code 1012.
4. California Penal Code 148.4a PC.
5. See same.