PolicyBrief
H.R. 286
119th CongressJan 9th 2025
Preserving Safe Communities by Ending Swatting Act of 2025
IN COMMITTEE

This bill amends Section 1038 of title 18 to increase the penalties for false communications that cause an emergency response, including fines and/or imprisonment, and makes those who share false information liable for the expenses incurred by any party responding to the false information.

David Kustoff
R

David Kustoff

Representative

TN-8

LEGISLATION

New Anti-Swatting Bill Brings Up To Life Imprisonment, Financial Penalties for False Emergency Reports

The "Preserving Safe Communities by Ending Swatting Act of 2025" directly tackles the dangerous trend of "swatting" – making false reports to trigger an emergency response, often involving law enforcement. This bill introduces serious consequences for anyone who intentionally shares false or misleading information that results in an emergency response.

Cracking Down on False Alarms

This bill makes it a federal crime to intentionally spread false information that's likely to spark an emergency response. Think reporting a fake hostage situation or bomb threat. The penalties are severe:

  • Up to 5 years in prison and a fine: This is the baseline punishment for making a false report (SEC. 2).
  • Up to 20 years in prison and a fine: If the false report leads to someone getting seriously hurt (SEC. 2).
  • Up to life in prison and a fine: If the false report results in someone's death (SEC. 2).

Beyond jail time, anyone caught swatting is also on the hook for all the costs associated with the emergency response. This means they could be facing massive bills from police, fire departments, and other first responders (SEC. 2). For example, if a fake report leads to a building evacuation and a full-scale police response, the person responsible could be liable for all the expenses incurred.

Real-World Impact

This bill has teeth. It's not just about punishing people after the fact; it's designed to deter swatting in the first place. Imagine a teenager thinking about making a prank call to get someone swatted – the threat of serious jail time and huge financial penalties could make them think twice. Or consider someone with a grudge who might use a false report to harass an enemy; this bill makes that a very risky proposition.

The bill defines "emergency response" broadly, covering everything from police and fire departments to rescue squads and even non-profit organizations providing emergency services (SEC. 2). This means that even if the false report doesn't directly target law enforcement, if it triggers any kind of public safety response, the penalties apply.

Potential Challenges

While the bill is clearly aimed at stopping dangerous pranks, there are a couple of things to watch. The definition of "false or misleading information" is pretty broad. The bill states the information shared must be reasonably believed (SEC. 2). It will be interesting to see how this plays out. Also, the wide definition of "emergency response" means a lot of different actions could trigger these penalties. It's crucial that the law is applied fairly and doesn't accidentally punish people who are genuinely trying to report a problem, even if their information turns out to be incorrect.