What's happening
This bill makes it a class E felony to knowingly spread false information about a missing child that causes public funds to be spent.
Why it matters
Targets intentional misuse of public resources. This bill specifically addresses cases where someone knowingly spreads false information about a missing child, resulting in the deployment of police or other public services, which can be costly and divert critical resources from real emergencies.
Raises the stakes for false reporting. By making this offense a class E felony, the legislation imposes a significant potential penalty (including possible prison time), signaling that the state considers such actions both serious and harmful to the community.
Aims to deter harmful hoaxes and protect public trust. The bill seeks to discourage individuals from making false missing child reports, which can undermine public trust in alerts and emergency responses, potentially leading to slower or less robust reactions to actual cases.
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Who cares
Headline styles
Felony for Fake Missing Child
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Criminalize Fake Missing Child Reports
In Assembly Committee · Codes · Sponsor William Magnarelli
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
400
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to dissemination of false information about a missing child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 240.49 to read as follows: § 240.49 Dissemination of false missing child information.
A person is guilty of dissemination of false missing child information when, knowing the information he or she reported, conveyed, circulated or disseminated is false or baseless, he or she states or reports, by any means, that a child is a missing child as defined in subdivision one of section eight hundred thirty-seven-e of the executive law, and as a result of such report, conveyance, circulation or dissemination, public funds were expended to investigate and/or locate the purported missing child.
Dissemination of false missing child information is a class E felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03256-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to dissemination of false information about a missing child
Purpose
Establishes the class L felony of dissemination of false missing child information.
Summary of provisions
Section one adds a new section 240-49 to the penal law, dissemination of false missing child information.
Section two is the effective date.
Justification
Across the United States there have been numerous false Amber Alerts being sent out via email and text massage. These false alerts prompt concerned citizens to contact law enforcement agencies who find out from authorities that such alerts are fake. These false alerts can have nega- tive effect on public awareness and diminish such awareness when an Amber Alert is issue by authorities. These false alerts, which are spread by electronic means (i.e. email, text message, Facebook, and Twitter), only diminish the effectiveness of a authentic and genuine Amber Alert. Legislation is needed in New York to prevent someone from disseminating false alerts to the public. This bill would make it a class E felony for someone who knowingly and falsely generates, by elec- tronic or any other means, information that would make the public believe that an official alert has been issued on a child that has been abducted or kidnapped and for which public funds were expended. to investigate and/or locate the purported missing child. Currently, all official Amber Alerts are initially broadcasted through the Emergency Alert System (EAS) and if People have questions regarding the validity of an alert they can view them through the United States Justice Depart- ment at AmberAlert.gov.
Legislative history
2018: S.2630 - Third Reading Calendar / A.6634 - Referred to Codes 2017: S.2630 - Passed Senate/A.6634- Referred to Codes 2016: S.3491 - Passed Senate/A.2865 - Referred to Codes 2015: S.3491 - Passed Senate/A.2885 - Referred to Codes 2014: S.4156 - Passed Senate/A.3874 - Held for consideration in codes 2012: S.2937 - Passed Senate/A.5269 - Referred to Codes 2011: S.2937 - Referred to Codes /A.5269 - Referred to Codes 2010: S.6226 - Referred to Codes /A.10125 - Referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a Law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.