This bill significantly amends section 1038 of title 18, United States Code, to enhance penalties for false communications intended to cause an emergency response. It criminalizes engaging in conduct with intent to convey false or misleading information that may reasonably be believed to indicate a crime or danger, particularly when using interstate commerce or related to specific federal offenses. Penalties for such actions include fines and up to 5 years imprisonment, escalating to 20 years if serious bodily injury results, and potentially life imprisonment if death occurs from the incident. In addition to criminal prosecution, the legislation establishes a civil action provision, allowing any party incurring expenses from an emergency or investigative response to recover those costs from the individual who made the false communication. The bill explicitly defines an "emergency response" as any deployment of personnel or equipment, evacuation order, or public warning by a public safety agency, including those involved in crime detection, fire, or rescue functions, or by private non-profit fire/rescue organizations. This comprehensive approach aims to deter and punish those who misuse emergency services through deceptive means, ensuring accountability for the financial burden and potential harm caused.
Civil actions and liabilityCriminal procedure and sentencingEmergency communications systemsFirst responders and emergency personnelFraud offenses and financial crimesPostal service
Preserving Safe Communities by Ending Swatting Act of 2025
USA119th CongressS-38| Senate
| Updated: 1/9/2025
This bill significantly amends section 1038 of title 18, United States Code, to enhance penalties for false communications intended to cause an emergency response. It criminalizes engaging in conduct with intent to convey false or misleading information that may reasonably be believed to indicate a crime or danger, particularly when using interstate commerce or related to specific federal offenses. Penalties for such actions include fines and up to 5 years imprisonment, escalating to 20 years if serious bodily injury results, and potentially life imprisonment if death occurs from the incident. In addition to criminal prosecution, the legislation establishes a civil action provision, allowing any party incurring expenses from an emergency or investigative response to recover those costs from the individual who made the false communication. The bill explicitly defines an "emergency response" as any deployment of personnel or equipment, evacuation order, or public warning by a public safety agency, including those involved in crime detection, fire, or rescue functions, or by private non-profit fire/rescue organizations. This comprehensive approach aims to deter and punish those who misuse emergency services through deceptive means, ensuring accountability for the financial burden and potential harm caused.
Civil actions and liabilityCriminal procedure and sentencingEmergency communications systemsFirst responders and emergency personnelFraud offenses and financial crimesPostal service