Interfering with 911 Call | False 911 Call

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A person may face a “Interfering with a 911 call” criminal charge in Minnesota, if someone claims an emergency and that a person interfered with an emergency 911 call. And making a false 911 call, when no emergency exists (e.g., “Swatting”) is a related crime. Minnesota Statute Section 609.78 lays out several ways a person can commit the interfere 911 call and false 911 call crimes, with varying penalties.

Domestic conflicts

Most interfering with a 911 charges stem from a police visit to a home, after a domestic disturbance complaint. Police officers arrive and attempt to investigate whether they perceive probable cause to charge and arrest for a crime. When they do, typical charges are domestic assault, disorderly conduct, and interference with an emergency 911 call.

Though an interfering with 911 call charge can be a misdemeanor or felony, almost always they charge it as a Gross Misdemeanor. For more about: Minnesota Gross Misdemeanors. Here is the key language from the statute’s Gross Misdemeanor subdivision:

“Whoever does the following is guilty of a gross misdemeanor:
(1) intentionally interrupts, disrupts, impedes, or interferes with an emergency call or who intentionally prevents or hinders another from placing an emergency call …”

Minn. Stat. § 609.78, Subd. 2. Gross misdemeanor offenses (2023)

False 911 call & SWATting

False 911 call charges typically allege a person making an emergency 911 call, where no emergency exists, as a way to harass or hurt someone. Sometimes those calls falsely claim a violent crime is now happening in order to get police excited and to get a police response of overwhelming force.

Sometimes this results in police Special Weapons And Tactics (SWAT) team responding forcefully upon an innocent victim. This can endanger the safety of both the innocent victim as well as the safety of responding police officers. Swatting is the opposite of “Interfering with 911 call,” since in the case of swatting the allegation is that no emergency existed.

And here is the key language from the statutes Misdemeanor and Gross Misdemeanor subdivisions:

Subdivision 1. Misdemeanor offenses. Whoever does the following is guilty of a misdemeanor:
(4) makes a call for emergency police, fire, medical, or ambulance service, knowing that no police, fire, or medical emergency exists;
(6) makes or initiates an emergency call, knowing that no emergency exists, and with the intent to disrupt, interfere with, or reduce the provision of emergency services or the emergency call center’s resources, remains silent, or makes abusive or harassing statements to the call recipient.

Subd. 2. Gross misdemeanor offenses. Whoever does the following is guilty of a gross misdemeanor:
(2) places an emergency call and reports a fictitious emergency with the intent of prompting an emergency response by law enforcement, fire, or emergency medical services personnel; …”

Minn. Stat. § 609.78 (2023)

A prosecutor can charge both Interfering with 911 call and false 911 call, as a felony, if the aggravating factors in the statute are alleged.

Calling 911 Can Get You Arrested

The possible implications of this law:

1. Calling 911 when no emergency: a crime, arrest, jail.
2. 911 call when an emergency, interrupted by someone: a crime, arrest, jail.
3. Not calling 911: no crime, no arrest, no jail.

False claims of a weapon is another common problem with 911 calls. This is a type of violation if the false 911 call crime statute. The motive usually is either wanting a faster law enforcement response, or to harass or endanger the victim (e.g. Swatting).

Defense issues: interfere 911 call

In a “Interfering with 911 call” case, as in any criminal prosecution, the burden of bringing witnesses and evidence to the trial, is on the prosecutor, not the defendant. And the defendant is presumptively innocent, unless the prosecutor can overcome that innocence with actual evidence, to the satisfaction of a jury. And the following defenses may apply:

1. Identity.
2. Lack of emergency.
3. Lack of act of interference.
4. Lack of criminal intent.

Question? Call Attorney Thomas Gallagher, 612 333-1500

Call Attorney Thomas Gallagher for answers. His decades of experience defending against interfering with 911 call charges can benefit you.

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