PolicyBrief
S. 38
119th CongressJan 9th 2025
Preserving Safe Communities by Ending Swatting Act of 2025
IN COMMITTEE

This bill strengthens federal criminal penalties and expands civil liability for individuals who intentionally convey false information to trigger emergency responses, commonly known as "swatting."

Rick Scott
R

Rick Scott

Senator

FL

LEGISLATION

New Federal Swatting Law Imposes Life Sentences for Deadly Hoaxes and Forces Perpetrators to Pay Response Costs

The 'Preserving Safe Communities by Ending Swatting Act of 2025' targets the dangerous trend of 'swatting'—where someone calls in a fake emergency to send a SWAT team or police to a stranger’s house. This bill expands federal law (specifically 18 U.S.C. § 1038) to make it a clear criminal offense to intentionally send false or misleading information that triggers an emergency response. Whether the hoax involves mailing a threat or using a phone to report a fake crime, the bill sets heavy stakes: a standard 5-year prison cap that jumps to 20 years if someone gets seriously hurt, and up to life in prison if the prank turns fatal.

The High Price of a Prank

Beyond prison time, this bill hits 'swatters' in the wallet by establishing strict civil liability. Under Section 2, anyone who intentionally triggers a false alarm is legally responsible for the bill. This means if a local police department, a federal agency, or even a non-profit volunteer fire department spends money deploying helicopters, armored vehicles, or specialized teams based on a lie, they can sue the perpetrator to recover every cent of those expenses. For a city or a small-town precinct, this provides a direct path to recoup thousands of dollars in wasted taxpayer resources.

Defining the Danger Zone

The legislation provides a specific definition for an 'emergency response' to ensure there is no confusion in court. It covers any deployment of personnel, evacuation orders, or public warnings issued by federal or state agencies responsible for public safety. This includes traditional police and fire departments as well as private non-profit rescue groups. For example, if a gamer in one state calls a fake bomb threat into a school in another state to 'troll' a rival, they are now on the hook for both federal criminal charges and the massive bill for the school's evacuation and the K-9 unit's sweep.

Real-World Stakes and Gray Areas

While the bill is aimed at malicious actors, its effectiveness relies on the 'reasonably be believed' standard. This means a court has to decide if the false information was convincing enough that a reasonable person would think a crime—like arson, explosives violations, or even aviation piracy—was happening. While this protects the public and first responders from being used as weapons in personal vendettas, the 'Medium' vagueness of what qualifies as 'misleading' information means the legal system will have to carefully distinguish between a malicious hoax and a well-intentioned but mistaken report from a concerned neighbor. For the average citizen, this law acts as a shield, ensuring that when the sirens are blaring, they are headed toward a real emergency rather than a dangerous digital prank.