To amend title 18, United States Code, to penalize false communications to cause an emergency response, and for other purposes.
Sponsors
Legislative Progress
IntroducedMr. Kustoff (for himself, Mr. Rutherford, Mr. Moskowitz, Mr. Cuellar, …
Summary
What This Bill Does
This bill strengthens federal criminal penalties for "swatting" - the dangerous practice of making false emergency reports to provoke armed police responses against innocent victims. The bill amends existing federal law (18 U.S.C. § 1038) to increase prison sentences, create new civil liability for perpetrators, and formally define what constitutes an "emergency response."
Who Benefits and How
Law enforcement agencies, fire departments, and emergency services benefit by gaining the legal right to sue swatting perpetrators in civil court to recover the costs of responding to false alarms. This includes federal, state, and local agencies, as well as private nonprofit organizations that provide fire or rescue services. Victims of swatting attacks also benefit from stronger legal protections and the ability to seek damages. Criminal defense attorneys may see increased business from defendants facing these enhanced charges.
Who Bears the Burden and How
Individuals who make false emergency communications face dramatically increased penalties: up to 5 years in federal prison for swatting, up to 20 years if someone is seriously injured, and up to life imprisonment if the false report results in death. Beyond criminal prosecution, perpetrators can now be sued in civil court by any agency that incurred expenses responding to the false emergency, making them financially liable for deployment costs, equipment, and personnel time.
Key Provisions
- Increases maximum prison sentence from current law to 5 years for making false emergency communications using mail or interstate commerce
- Adds enhanced penalties: 20 years if serious bodily injury results, up to life imprisonment if death results
- Creates new civil cause of action allowing emergency responders to recover all expenses incurred from responding to false reports
- Defines "emergency response" to include personnel deployment, evacuation orders, public warnings, and any response by federal, state, or nonprofit emergency agencies
- Expands coverage to include false communications about any crime under state or federal law that endangers public health or safety, not just specific federal offenses
Evidence Chain:
This summary is derived from the structured analysis below. See "Detailed Analysis" for per-title beneficiaries/burden bearers with clause-level evidence links.
Primary Purpose
Strengthens federal penalties for 'swatting' - making false emergency communications to trigger law enforcement responses
Policy Domains
Legislative Strategy
"Expand federal criminal jurisdiction over false emergency communications and create new civil liability to deter 'swatting' attacks"
Likely Beneficiaries
- Law enforcement agencies (reimbursement for false emergency responses)
- Fire departments and emergency services (civil recovery of costs)
- Victims of swatting attacks (able to seek civil damages)
- Public safety agencies at federal and state levels
Likely Burden Bearers
- Individuals who make false emergency communications (enhanced criminal penalties up to life imprisonment if death results)
- Defendants in swatting cases (face both criminal prosecution and civil liability for emergency response costs)
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
Key Definitions
Terms defined in this bill
Any deployment of personnel or equipment, order or advice to evacuate, or issuance of a warning to the public or a threatened person, organization, or establishment, by an agency of the United States or a State charged with public safety functions, including any agency charged with detecting, preventing, or investigating crimes or with fire or rescue functions, or by a private not-for-profit organization that provides fire or rescue functions
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology