Can you go to jail for calling 911 for non-emergencies? Learn the law in Ohio
Calling 911 may seem like the best way to react in an emergency, but it could get you in big trouble if you misuse the service.
Ohio law punishes minor violators with hefty fines and jail time, but more serious infractions could send you to prison for a decade or longer.
A lot of what happens to individuals who misuse or abuse the 911 service has to do with the nature of the offense.
What is considered misuse?
Ohio law considers misuse to be knowingly using the 911 system to report an emergency if no emergency exists or to use the system for a purpose other than obtaining emergency service.
The penalties for this misdemeanor can include:
- A fine of up to $250
- Imprisonment for up to 30 days, or both
Making False Alarms
Under Ohio law (O.R.C. 2917.32), if someone knowingly makes a false report regarding an emergency, it is often classified as a misdemeanor. However, it can escalate to a felony in certain circumstances.
The penalties for a misdemeanor and felony, respectively, are:
- A first conviction is typically a misdemeanor of the first degree.
- If the violation results in economic harm of $1,000 or more, it becomes a felony, with the degree increasing based on the amount of harm caused
Disrupting Public Services
Disrupting public services, including emergency services, is a serious offense in Ohio (O.R.C. 2909.04). This can include impeding the ability of law enforcement or first responders to access an emergency or render aid.
The penalties for such actions include:
- Classification as a fourth-degree felony
- Possible imprisonment for six to 18 months
Harassment of 911 Operators
Harassing a 911 responder falls under telecommunication harassment, which carries significant legal penalties. Any behavior that includes or can be characterized as using obscene language or making repeated non-emergency calls is unlawful and is subject to punishment.
The broad definition of “harassment” includes:
- Making telecommunications with the purpose to harass or abuse
- Making threatening or obscene comments
- Knowingly interrupting telecommunication services
- Transmitting communications that prevent telephone service use
- Making false statements to intimidate or harass
- Inciting others to harass
The penalties for such actions include:
- First Offense: Typically a misdemeanor of the first degree
- Subsequent Offenses: Can escalate to a felony of the fifth degree
The penalties for a fifth-degree felony include:
- Potential imprisonment of six to 12 months
- Fines up to $2,500
Obstructing or Hindering Emergency Calls
In Ohio, obstructing or hindering emergency calls falls under multiple legal statutes with specific penalties.
The law specifically prohibits actions that:
Hamper the lawful operations of emergency personnel
Interfere with emergency services at the scene of an accident, disaster or emergency
Fail to obey lawful orders from law enforcement during an emergency
Under Ohio Revised Code § 2917.13 (Misconduct at Emergency), obstructing emergency calls is classified as:
Misdemeanor of the Fourth Degree: Standard penalty includes potential jail time and fines
If the obstruction creates a risk of physical harm, it escalates to a Misdemeanor of the First Degree15
Specific penalties include:
Fourth-degree misdemeanor: Up to 30 days in jail
First-degree misdemeanor: Up to 180 days in jail
Additionally, under the Disrupting Public Services statute (O.R.C. 2909.04), intentionally interrupting emergency communications can be charged as a fourth-degree felony, which carries six to 18 months in prison.
Swatting
Swatting is a relatively new phenomenon, made more common by the growing online culture. In Ohio, swatting is a serious criminal offense involving making false or misleading reports to law enforcement, emergency service providers, or public safety answering points with the intent to trigger an unnecessary emergency response
Legal Definition
- Reporting false information through telecommunications devices
- Knowing the information is false
- Causing an emergency response from law enforcement or emergency services
- Having reckless disregard for potential bodily harm
Legal Penalties
- Fourth-degree felony (standard offense)
- Minimum six months in prison
- Maximum 18 months in prison
- Second-degree felony (if serious physical harm occurs)
- Two to five years in prison
- Maximum $15,000 in fines
The most recent data from National 911 Annual Report for 2021, Ohio received 5,945,463 total 911 calls delivered to primary Public Safety Answering Points (PSAPs), so abuse of the service could have a debilitating impact on city services.
Call 911 when you need it, but be mindful of false claims and the penalties they carry.