Sponsors (29)
The bill tightens criminal penalties and civil remedies to deter and compensate for hoax emergency reports and clarifies enforcement scope, but it increases risks of criminal or civil liability for ambiguous or mistaken speech, may chill lawful expression, and could disrupt carriers and small actors.
People in communities would face fewer hoax-driven false alarms because knowingly sending false reports that trigger emergency responses becomes explicitly punishable.
Local governments, taxpayers, and agencies could recover civil damages when false reports trigger costly emergency responses due to expanded civil-action provisions.
State and federal agencies and courts would have clearer guidance on the scope of 'emergency response' (evacuations, deployments, warnings), improving enforcement consistency and application of the law.
Individuals across the public could face criminal prosecution for speech that is mistaken or ambiguous if authorities reasonably believe it would cause an emergency response, increasing risk to free expression.
Private persons and small nonprofits could face civil liability and litigation costs if mistaken reports trigger emergency responses, raising legal and financial risk for well-intentioned reporters.
Broad inclusion of many federal criminal chapters and specific aviation/nuclear statutes may deter lawful speech and expand prosecutorial discretion, risking uneven enforcement and justice concerns.
Based on analysis of 2 sections of legislative text.
Expands federal criminal and civil liability for false reports that cause or are likely to cause emergency responses and defines “emergency response.”
Introduced January 9, 2025 by David Kustoff · Last progress January 9, 2025
Broadens federal criminal and civil law against “swatting” by expanding the kinds of false reports that can trigger liability and by defining what counts as an “emergency response.” It changes 18 U.S.C. § 1038 to list additional federal crimes and statutory sections (including certain aviation and atomic-energy-related offenses) that, if falsely reported, can give rise to criminal charges or civil suits. The bill also adds a new definition of “emergency response” to cover deployments, evacuations, warnings, and similar actions by federal or state public-safety agencies or by private nonprofit organizations that provide fire or rescue functions. It does not create new funding or programs.