False Reporting Under Arizona ARS: Penalties, Defenses, Sealing

False reporting in Arizona is a criminal offense governed by two separate statutes: ARS 13-2907.01, which covers false statements to law enforcement, and ARS 13-2907, which covers false reports of bombings, fires, and other emergencies. Depending on what was reported and who was targeted, a charge can be a class 1 misdemeanor or a class 6 felony, and a conviction under the emergency statute can leave you personally liable for the full cost of the response.

False Statements to Law Enforcement

ARS 13-2907.01 makes it illegal to knowingly give a false, fraudulent, or unfounded report to any law enforcement agency in Arizona, or to deliberately misrepresent a fact to interfere with police operations or mislead an officer.¹ The word “knowingly” is the pressure point. If you genuinely believed the information was true when you reported it, that does not meet the standard, even if it later turned out to be wrong. Prosecutors have to prove you knew the statement was false at the moment you made it.

The report also has to reach law enforcement. Lying to a friend, exaggerating to a neighbor, or posting something untrue online is not covered by this statute. The false statement must be directed at a police agency or peace officer.

One detail catches people off guard: the statute does not require that officers actually launched an investigation or wasted resources. What matters is your purpose. If the false statement was meant to interfere with how a department operates or to mislead an officer, that is enough. A violation is a class 1 misdemeanor, Arizona’s most serious misdemeanor grade.¹

False Reports of Emergencies

ARS 13-2907 targets a different kind of conduct: fabricated emergencies. It applies when someone initiates or spreads a report of a bombing, fire, or other emergency, knowing the report is false and intending to trigger an emergency response, place someone in fear of serious physical injury, or disrupt the use of a building or public space.²

The grading is layered. A first offense under the general emergency provision is a class 1 misdemeanor. A second or subsequent violation becomes a class 6 felony. False reports that specifically target a school or a place of worship are a class 6 felony from the first offense.² That distinction matters. A fake bomb threat called into an office building is a misdemeanor the first time; the same call to a school is a felony immediately.

Personal Liability for Response Costs

ARS 13-2907 includes a financial provision most people do not expect. Anyone convicted under this statute who triggered an actual emergency response or investigation is personally liable for the costs the responding agencies incurred. That includes police, fire, rescue, and emergency medical services at the scene, plus the salaries of everyone who responded.² This is separate from any criminal fine or restitution, and the agencies that spent the money can pursue it as a debt. A large-scale response to a hoax bomb threat at a school can easily run into tens of thousands of dollars.

Where Swatting Falls

Swatting cases, where a caller sends armed police to another person’s location under false pretenses, are prosecuted under one or both of these statutes depending on what was said. Fabricating an active shooter or similar emergency falls under ARS 13-2907. Filing a false crime report accusing a specific person of an offense falls under ARS 13-2907.01. When the target is a school, the charge starts as a felony, and the response-cost liability under ARS 13-2907 makes swatting prosecutions especially expensive for defendants.

Penalties

Because both statutes can produce either a misdemeanor or a felony, sentencing depends heavily on which classification applies.

Class 1 Misdemeanor

A class 1 misdemeanor carries up to six months in jail, a fine up to $2,500, and up to three years of probation.³⁴ Judges have discretion over the mix. A first-time offender behind a prank 911 call that caused no significant harm might see probation and a fine. Someone whose fabricated report led to an innocent person’s arrest usually faces harsher treatment even inside the misdemeanor range.

Class 6 Felony

A class 6 felony, the lowest felony class in Arizona, carries a presumptive prison term of one year for a first offense. The range runs from four months (mitigated) to two years (aggravated), and fines can reach $150,000.⁵ Prior felony convictions push the range higher.

There is a meaningful safety valve. Under ARS 13-604, a judge who believes a felony sentence would be unduly harsh can designate a class 6 felony as a class 1 misdemeanor, provided the offense was not dangerous and the defendant does not have two or more prior felony convictions.⁶ The court can also leave the offense undesignated during probation and designate it a misdemeanor at the end if probation is completed successfully.

Collateral Consequences

A felony conviction suspends certain civil rights, including the right to vote and to possess firearms. For first-time felony offenders, those rights are automatically restored upon completion of the sentence and payment of all victim restitution.⁷ Repeat felony offenders do not get automatic restoration and must petition the court separately.

Beyond the sentence itself, a false reporting conviction shows up on background checks. Industries that involve trust or public safety, including healthcare, education, and law enforcement, routinely turn away applicants with fraud-related convictions. For non-citizens, any criminal conviction can carry immigration consequences, and a felony involving dishonesty makes that risk substantially worse.

Defenses

The strongest defense in most false reporting cases is attacking the knowledge element. If you genuinely believed what you reported was true, you did not commit this crime. Mistaken observations, faulty memory, misinterpreted events, and honest confusion all fall short of the “knowingly” standard. Proving that someone knew the information was false at the time of the report is harder than it sounds, particularly in ambiguous situations.

Charges under ARS 13-2907 give the defense an additional angle. That statute requires not just knowledge of falsity but a specific intent to cause emergency action, create fear of serious injury, or disrupt a building’s use. Intent is inherently harder to prove than knowledge.

Evidence and procedural issues matter too. If officers arrested you without probable cause, coerced a statement, or obtained evidence through an illegal search, the defense can move to suppress. Losing a key piece of evidence, such as a recorded 911 call obtained in violation of your rights, can hollow out the prosecution’s case.

Clearing the Record Afterward

Arizona offers two paths for reducing the long-term impact of a conviction: setting aside the judgment and sealing the record. They do different things, and many people pursue both.

Set-Aside Under ARS 13-905

After completing all conditions of your sentence, including probation, fines, and restitution, you can apply to have the judgment of guilt set aside. The court must inform you of this right at sentencing, and there is no filing fee.⁸ A set-aside does not erase the conviction; it updates the record to show the court dismissed the charges after you met your obligations. The judge weighs the nature of the offense, your compliance with sentencing conditions, any later convictions, victim input, and the time that has passed.

If a set-aside is granted for a misdemeanor or a class 4, 5, or 6 felony where at least two years have passed since sentence completion, the order includes a certificate of second chance, which can help with employment.⁸

Sealing Under ARS 13-911

Since December 31, 2022, eligible individuals can petition to have their criminal records sealed. Sealing actually removes the record from public view, though law enforcement and certain government agencies retain access.⁹

Eligibility turns on offense class and completion of all sentence conditions, including monetary obligations. The waiting periods run from the date you finished the non-monetary conditions:

Class 1 misdemeanor: 3 years
Class 6 felony: 5 years

Prior historical felony convictions add another five years on top of those periods. A prior sealing petition denied within the past three years also disqualifies you. The court is not required to hold a hearing before ruling unless you, the prosecutor, or the victim requests one.⁹ For someone whose false reporting conviction was an isolated incident, sealing is the most complete form of relief Arizona offers.

1
Arizona Legislature. Arizona Code 13-2907.01 – False Reporting to Law Enforcement Agencies
2
Arizona Legislature. Arizona Code 13-2907 – False Reporting; Emergency Response Costs; Classification
3
Arizona Legislature. Arizona Code 13-707 – Misdemeanors; Sentencing
4
Arizona Legislature. Arizona Code 13-802 – Fines for Misdemeanors
5
Arizona Legislature. Arizona State Senate Fact Sheet for H.B. 2581 – Section: Misdemeanor and Felony Sentencing
6
Arizona Legislature. Arizona Code 13-604 – Class 6 Felony; Designation
7
Arizona Legislature. Arizona Code 13-907 – Automatic Restoration of Civil Rights for First Offenders
8
Arizona Legislature. Arizona Code 13-905 – Setting Aside Judgment of Convicted Person on Discharge
9
Arizona Courts. Completing the Petition to Seal Criminal Case Records