If the daily news about the COVID19 coronavirus pandemic has caused you alarm, then read on. Hanover, NJ police recently charged a woman with False Public Alarms, NJSA 2c:33-3, with allegations related to the novel coronavirus. The cops had begun investigating a woman after a one-car motor-vehicle crash earlier in March. The cops suspected she was operating the motor vehicle while under the influence of an intoxicating substance. During questioning, the woman allegedly became belligerent. But news reports do not elaborate on how she acted belligerently. They only repeat the allegation that she breathed on one officer despite his order to stop. Back at the station, the police claim she continued breathing on officers. Additionally, authorities allege coughed on one. Furthermore, they insist she said, “Oh by the way, I have the coronavirus and now so do you.”

Further investigation, however, led police to suspect the woman lied. Nevertheless, three officers who had come into contact with the woman went into self-quarantine. A day later, the woman allegedly called an apologized for her outburst, per NJ dot com. Consequently, the cops charged the woman with False Public Alarms under NJSA 2c:33-3. Additionally, they filed charges for DWI and Refusal to Submit to Breath Test. Furthermore, they charged her with Reckless Driving and Careless Driving.

False Public Alarms

NJSA 2c:33-3a(1)

Citation

Deg.

The State must prove beyond a reasonable doubt the defendant:

NJSA 2c:33-3a(1)(a)

3rd

1. Knowingly initiated or circulated a report or warning of an impending fire, explosion, crime, catastrophe, or emergency.
2. Knew the report or warning she initiated or circulated was false or baseless.
3. Knew the false or baseless report or warning she had initiated or circulated was likely to cause the evacuation of a building, place of assembly, or facility of public transport, or to cause public inconvenience or alarm.

NJSA 2c:33-3a(1)(b)

2nd

1. Knowingly initiated or circulated a report or warning of an impending bombing, hostage situation, person armed with a deadly weapon, or any other incident that elicits an immediate or heightened response by law enforcement or emergency services.
2. Knew the report or warning she initiated or circulated was false or baseless.
3. Knew the false or baseless report or warning she had initiated or circulated was likely to cause the evacuation of a building, place of assembly, or facility of public transport, or to cause public inconvenience or alarm.

NJSA 2c:33-3a(1)(c)

2nd

1. Knowingly initiated or circulated a report or warning about any critical infrastructure located in this State. “Critical infrastructure” means any building, place of assembly, or facility that is indispensably necessary for national security, economic stability, or public safety.
2. Knew the report or warning she initiated or circulated was false or baseless.
3. Knew the false or baseless report or warning she had initiated or circulated was likely to cause the evacuation of a critical infrastructure.

False Public Alarms

NJSA 2c:33-3a(2)

Citation

Deg.

The State must prove beyond a reasonable doubt the defendant:

NJSA 2c:33-3a(2)

3rd

1. Knowingly caused a report or warning to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property.
2. Knew the report or warning she initiated or circulated was false or baseless.
3. Knew the false or baseless report or warning she had initiated or circulated was likely to cause the organization's evacuation, or to cause public inconvenience or alarm.

False Public Alarms

NJSA 2c:33-3b

Citation

Deg.

The State must prove beyond a reasonable doubt the defendant:

NJSA 2c:33-3b

2nd

1. Committed any of the crimes defined under NJSA 2c:33-3a.
2. Placed or caused to be placed any false or facsimile bomb in a building, place of assembly, or facility of public transport or in a place likely to cause public inconvenience or alarm.

NJSA 2c:33-3b

1st

1. Committed any of the crimes defined under NJSA 2c:33-3a.
2. Placed or caused to be placed any false or facsimile bomb in a building, place of assembly, or facility of public transport or in a place likely to cause public inconvenience or alarm during a declared period of national, State or county emergency.

False Public Alarms

NJSA 2c:33-3c

Citation

Deg.

The State must prove beyond a reasonable doubt the defendant:

NJSA 2c:33-3c

2nd

1. Committed any of the crimes defined under NJSA 2c:33-3a.
2. In fact* caused serious bodily injury to another person or his conduct occurred during a declared period of national, State or county emergency.

NJSA 2c:33-3c

1st

1. Committed any of the crimes defined under NJSA 2c:33-3a.
2. In fact* caused death to another person.

False Public Alarms

NJSA 2c:33-3e

Citation

Deg.

The State must prove beyond a reasonable doubt the defendant:

NJSA 2c:33-3e

4th

1. Knowingly placed a call to a 9-1-1 emergency telephone system.
2. Knew she had no purpose to report the need for 9-1-1 service.

* “In fact” means that strict liability is imposed. It shall not be a defense that the death or serious bodily injury was not a foreseeable consequence of the person’s acts or that the death or serious bodily injury was caused by the actions of another person or by circumstances beyond the control of the actor. The actor shall be strictly liable upon proof that the crime occurred during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.