Intentionally sending false text messages to 911 and providing a penalty.
Passed on 4/9/26
Overview
This bill amends Wisconsin's emergency communications statute to explicitly criminalize the intentional sending of false text messages to 911. The legislation modernizes existing law that already prohibits false voice calls to 911 by extending the same penalties to text-based communications. The bill addresses the growing use of text messaging as a method of contacting emergency services and ensures that false reports made through this medium are subject to the same criminal sanctions as false voice calls. The primary objective is to deter misuse of emergency communication systems, protect the integrity of 911 services, and ensure that emergency resources remain available for genuine emergencies. By clarifying that text messages fall within the scope of prohibited conduct, the bill eliminates any potential ambiguity about whether existing penalties apply to this increasingly common form of communication.
Legal References
- Wis. Stat. § 256.35(10)(a)
Core Provisions
The bill amends section 256.35(10)(a) of the Wisconsin statutes to explicitly include text messages within the scope of prohibited false emergency communications. Under the amended statute, any person who intentionally sends a text message to 911 to report an emergency, knowing that the reported fact situation does not exist, commits a criminal offense. For a first offense, the penalty structure includes a mandatory minimum fine of one hundred dollars and a maximum fine of six hundred dollars, with possible imprisonment not exceeding thirty days, or both fine and imprisonment. The legislation establishes enhanced penalties for repeat offenders, classifying any subsequent offense committed within four years of a prior offense as a Class H felony. The amendment preserves the existing penalty structure for false voice calls while extending identical treatment to text-based communications. The intentional nature of the conduct and the offender's knowledge that the reported emergency does not exist remain essential elements of the offense.
Key Points
- First offense: Fine of $100 to $600 and/or imprisonment up to 30 days
- Repeat offense within four years: Class H felony
- Requires intentional conduct and knowledge that the reported emergency is false
- Applies equally to text messages and voice calls to 911
Legal References
- Wis. Stat. § 256.35(10)(a)
- Wisconsin Class H felony classification
Implementation
Implementation responsibility falls primarily to local law enforcement agencies and prosecutors who handle false 911 report cases. The Joint Review Committee on Criminal Penalties may be called upon to prepare a report analyzing the bill's criminal penalty provisions, though this is contingent on a formal request being made. No new administrative infrastructure is required, as the bill simply extends existing enforcement mechanisms to cover text messages. Law enforcement agencies already equipped to investigate false 911 calls will apply the same investigative techniques to text-based false reports. Prosecutors will utilize existing charging procedures and court systems to pursue violations. The bill does not establish new reporting requirements beyond those that may be requested of the Joint Review Committee on Criminal Penalties. Compliance measures rely on the deterrent effect of criminal penalties and the existing capacity of emergency communication centers to identify and report suspected false communications to law enforcement.
Key Points
- Local law enforcement agencies investigate violations
- County and district attorneys prosecute offenses
- Joint Review Committee on Criminal Penalties may prepare analytical report if requested
- 911 communication centers identify and report suspected false messages
Impact
The bill directly impacts individuals who misuse 911 text messaging services, subjecting them to criminal penalties that serve both punitive and deterrent functions. Emergency communication centers and first responders benefit from reduced false alarms, allowing them to allocate resources more efficiently to genuine emergencies. The legislation protects the public by ensuring that emergency services remain available and responsive when truly needed. Cost implications for the state include potential increases in prosecution and incarceration expenses, particularly for repeat offenders charged with Class H felonies, though these costs are likely minimal given the relatively small number of anticipated prosecutions. Administrative burden on law enforcement and prosecutors is negligible, as the bill requires no new procedures beyond applying existing investigative and prosecutorial frameworks to text-based communications. The expected outcome is a measurable reduction in false 911 text messages as potential offenders become aware of the explicit criminal consequences. No sunset provisions are included, making the amendments permanent additions to Wisconsin's criminal code.
Key Points
- Deters misuse of 911 text messaging services
- Protects emergency service resources for genuine emergencies
- Minimal additional prosecution and incarceration costs
- Expected reduction in false 911 text reports
- No sunset provision; amendments are permanent
Legal Framework
The bill operates within Wisconsin's established statutory framework governing emergency communications and criminal penalties. The constitutional basis rests on the state's police power to regulate conduct that threatens public safety and the efficient operation of emergency services. The amendment to section 256.35(10)(a) maintains consistency with existing statutory authorities that criminalize false reports to law enforcement and emergency services. The legislation does not create new regulatory implications beyond clarifying that text messages fall within the scope of conduct already prohibited for voice communications. No preemption issues arise, as the bill addresses state criminal law without impacting local ordinances or federal regulations. Judicial review provisions follow standard criminal procedure, with defendants entitled to challenge charges through Wisconsin's court system, including the right to appeal convictions and sentences. The mens rea requirements of intentionality and knowledge provide constitutional safeguards against prosecution for accidental or mistaken communications.
Key Points
- Based on state police power to protect public safety
- Consistent with existing false report statutes
- No preemption of local or federal law
- Standard criminal procedure and judicial review apply
- Mens rea requirements protect against unconstitutional application
Legal References
- Wis. Stat. § 256.35(10)(a)
- Wisconsin criminal procedure statutes
Critical Issues
Constitutional concerns are minimal given the bill's narrow focus on intentional false communications and the requirement that offenders know the reported emergency does not exist, which satisfies First Amendment scrutiny by targeting conduct rather than protected speech. Implementation challenges may arise in proving the intentional nature of text messages and the sender's knowledge of falsity, particularly when messages are sent from anonymous or untraceable devices. The four-year lookback period for repeat offenses requires law enforcement to maintain accurate records of prior convictions to properly charge enhanced penalties. Cost implications include potential increases in Class H felony prosecutions and associated incarceration expenses, though the fiscal impact is expected to be modest. Unintended consequences could include reluctance by individuals to report emergencies via text if they fear potential prosecution for good-faith mistakes, though the intentionality and knowledge requirements should mitigate this concern. Opposition arguments might focus on whether existing law already covers text messages without explicit amendment, making the legislation unnecessary, or whether the penalties are disproportionate to the offense, particularly the felony classification for repeat offenders within four years.
Key Points
- Proving intentionality and knowledge in text-based communications may be challenging
- Requires accurate record-keeping for repeat offense enhancement
- Potential chilling effect on good-faith emergency reports
- Questions about necessity given existing statutory language
- Debate over proportionality of Class H felony for repeat offenses
From the Legislature
An Act to amend 256.35 (10) (a) of the statutes; Relating to: intentionally sending false text messages to 911 and providing a penalty.
Sponsors
Roll Call Votes
Assembly: Read a third time and concurred in
84 Yea
RRDDRDRDRRRDRRDRRRDRRRRRRDRRDRDRRDRDDRRRDRDRDRDDRDDRRRRRDDDRRRRRRRDRDRRRRDDDDDRRRRRR15 Nay
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Jan 7
11:00 AM
Jan 12
10:00 AM