Use of system providing telephone number to be used in emergency when no actual or perceived emergency exists; calling nonemergency telephone line to report emergency when no actual or perceived emergency exists; penalties

1. It is unlawful for any person knowingly or willfully to make or cause to be made: (a) Any telephonic access to a system; or (b) A nonemergency telephone call to report an emergency on any nonemergency telephone line maintained by a governmental entity, Ê if no actual or perceived emergency exists. 2. Except as otherwise provided in subsection 3, a person who violates any provision of this section is guilty of a gross misdemeanor. 3. A person who violates any provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130 if: (a) The person intended to initiate an emergency response by law enforcement, firefighting, emergency medical care or public safety personnel when no actual emergency exists; and (b) The emergency response initiated by the person results in the death or serious bodily injury of another. 4. A person who is convicted of a category E felony pursuant to subsection 3 is liable for any costs incurred by any governmental entity as a result of his or her conduct. 5. If a defendant who is charged with a violation of this section suffers from a mental illness or is intellectually disabled, the court may, if appropriate, take any action authorized by law for the purpose of having the defendant assigned to a program established pursuant to NRS 176A.250. 6. As used in this section: (a) “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage, or any other situation which is likely to cause a governmental entity to provide services related to law enforcement, firefighting, emergency medical care or public safety. (b) “Governmental entity” means an institution, board, commission, bureau, council, department, division, authority or other unit of government of this State, including, without limitation, an agency of this State or of a political subdivision. (c) “System” means a system established to provide a telephone number to be used in an emergency.