This bill amends Section 1038 of title 18, United States Code, to increase the penalties for false communications that cause an emergency response, including fines and imprisonment, and allows civil action to recover expenses incurred due to the false communication. It also defines "emergency response" as any deployment of personnel or equipment, evacuation order, or public warning issued by a U.S. or State agency responsible for public safety.
Rick Scott
Senator
FL
The "Preserving Safe Communities by Ending Swatting Act of 2025" increases penalties for individuals who make false reports that cause an emergency response, including fines and imprisonment. Those found liable in a civil action will be responsible for covering the expenses incurred by any party due to the emergency or investigation. The penalties increase significantly if the false information results in serious bodily injury or death. The bill defines "emergency response" to include actions by both government and private organizations involved in public safety, such as law enforcement, fire services, and rescue operations.
New 'Anti-Swatting' Bill Ramps Up Penalties and Holds False Reporters Liable for Costs: The Preserving Safe Communities by Ending Swatting Act of 2025
The "Preserving Safe Communities by Ending Swatting Act of 2025" tackles the dangerous trend of "swatting" – making false reports to trigger an emergency response, often involving armed police, at someone else's location. This bill significantly increases penalties for those who intentionally spread false or misleading information that leads to an emergency response, and it also makes them financially responsible for the costs.
Cracking Down on False Alarms
This bill directly amends Section 1038 of title 18, United States Code, to get tougher on swatting. Here's the breakdown:
- Stiffer Criminal Penalties: Previously, penalties varied. Now, anyone who intentionally makes a false report that could reasonably trigger an emergency response faces up to 5 years in prison, a fine, or both (SEC. 2(a)(1)). If someone is seriously injured because of the false report, the penalty jumps to up to 20 years. If death results, the person could face life imprisonment.
- Financial Accountability: The bill introduces civil liability. This means anyone who makes a false report that leads to an emergency response is on the hook for all expenses incurred by any party involved in the response or investigation (SEC. 2(b)). Think police time, emergency medical services, and even potential property damage – the person who made the false report has to cover it.
Real-World Impact: Who Pays, and How?
Imagine someone falsely reports an active shooter at a local business. Police, SWAT teams, and ambulances rush to the scene. The business is evacuated, and surrounding areas are locked down. Under this new law, if the caller is caught, they're not just facing jail time – they're also getting a hefty bill for the entire cost of that response. This could include everything from police overtime to the cost of medical evaluations for anyone panicked by the false alarm.
Broad Definition of "Emergency Response"
The bill defines "emergency response" broadly (SEC. 2(e)). It includes any deployment of personnel or equipment, evacuation orders, or public warnings from federal or state public safety agencies. This covers not just police, but also fire departments, rescue services, and even private non-profit organizations providing fire or rescue services. This wide definition aims to cover all potential scenarios, but it's worth noting that the scope is quite broad.
The Bottom Line
The "Preserving Safe Communities by Ending Swatting Act of 2025" aims to deter a dangerous and potentially deadly practice. By increasing criminal penalties and, crucially, introducing significant financial liability, the bill seeks to make people think twice before making a false report that could put lives at risk and waste valuable public resources.