Balloon Hoax may Lead to Criminal Charges
It seemed like the entire United States was paying attention to the happenings in Fort Collins, Colorado last week when a family reported that their son had apparently taken to the skies inside a giant helium balloon. When the balloon returned to earth minus the child, fears began to emerge that the story might end tragically. After several anxious hours, however, it was eventually discovered that the boy was safe and had been hiding in the garage the whole time. Thus, it seemed like the family could expect a happy ending after all. However, recent comments by the sheriff involved in the case give the indication that the story is just beginning.
After the child had made some questionable comments in interviews following the incident, including commenting during one interview that his father may have set up the stunt “for a show,” authorities have began an investigation into the family’s motive for reporting that their son had taken off in the balloon. The sheriff seems certain that the whole incident was a hoax, ruefully explaining that the only charge that may arise from the incident is filing a false report, a Class 3 misdemeanor in Colorado. The sheriff does say, however, that he will investigate the possibility of filing federal charges.
Filing a false report is punished more harshly in Tennessee. Depending on the circumstances, T.C.A. section 39-16-502 classifies making a false report in Tennessee as either a Class C or Class D Felony. More than likely, the family responsible for the balloon incident would be charged under T.C.A. section 39-16-502(a)(3), which provides that it is unlawful to:
“(3) Intentionally initiate or circulate a report of a past, present, or impending bombing, fire or other emergency, knowing that the report is false or baseless and knowing:
- (A) It will cause action of any sort by an official or volunteer agency organized to deal with those emergencies;
- (B) It will place a person in fear of imminent serious bodily injury; or
- (C) It will prevent or interrupt the occupation of any building, place of assembly, form of conveyance, or any other place to which the public has access.”
The family in this case undoubtedly knew that they were reporting an emergency to which an emergency response agency or unit would respond, clearly violating the statute in the event that the report was a hoax. The statute provides that violation of T.C.A. section 39-16-502(3) is a Class C Felony, punishable by up to fifteen years and prison and a fine not to exceed $10,000. Thus, those wishing to stage stunts such as the one allegedly put on by the Colorado family would be well-advised to seek another avenue for garnering attention or risk facing serious jail time in Tennessee.
Sources: http://news.aol.com/article/parents-of-balloon-boy-falcon-heene-will/719681; T.C.A. section 39-16-502.
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