(a) A person commits the offense of communicating a false alarm if he or she purposely initiates or circulates a report of a present, past, or impending bombing, fire, offense, catastrophe, or other emergency while knowing that the report is false or baseless and knowing that it is likely to:
(1) Cause action of any sort by an official or volunteer agency organized to deal with emergencies;
(2) Place any person in fear of physical injury to himself or herself or another person or of damage to his or her property or that of another person; or
(3) Cause total or partial evacuation of any occupiable structure, vehicle, or vital public facility.
(b) (1) (A) Communicating a false alarm is a Class C felony if physical injury to a person results.
(B) Communicating a false alarm is a Class D felony if:
(i) Damage to property results; or
(ii) The false alarm communicates a present or impending bombing and is made to or about a public or private educational institution.
(2)
(A) If there is no resulting physical injury or damage to property, communicating a false alarm is a Class A misdemeanor.
(B) A second or subsequent offense that would otherwise be a Class A misdemeanor is a Class D felony.
(c) In addition to any other restitution ordered under § 5-4-205, the court may order that a person who violates this section make restitution to the State of Arkansas or any of its political subdivisions for any cleanup costs associated with the commission of the offense.
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