Interstate Swatting Hoax Act

Interstate Swatting Hoax Act

This bill amends the federal criminal code to make it a crime to use a telecommunications system, the mails, or another facility of interstate or foreign commerce to knowingly report false or misleading information with the intent to cause an emergency law enforcement response.

A violator is subject to criminal and civil penalties.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4057 Introduced in House (IH)]

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114th CONGRESS
  1st Session
                                H. R. 4057

    To amend title 18, United States Code, to establish a criminal 
 violation for using false communications with the intent to create an 
              emergency response, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2015

Ms. Clark of Massachusetts (for herself and Mr. Meehan) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, to establish a criminal 
 violation for using false communications with the intent to create an 
              emergency response, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Interstate Swatting Hoax Act''.

SEC. 2. FALSE COMMUNICATIONS WITH THE INTENT TO CAUSE AN EMERGENCY 
              RESPONSE.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1041. False communications with the intent to cause an emergency 
              response.
    ``(a) Criminal Violation.--Whoever, with the intent to cause an 
emergency response by any law enforcement agency, in the absence of 
circumstances requiring such a response, uses a telecommunications 
system, the mails, or any other facility of interstate or foreign 
commerce to knowingly transmit false or misleading information 
indicating that conduct has taken, is taking, or will take place that 
may reasonably be believed to constitute a violation of any State or 
Federal criminal law, or endanger public health or safety, shall--
            ``(1) if an emergency response results, be fined under this 
        title or imprisoned not more than 5 years, or both;
            ``(2) if serious bodily injury (as defined in section 1365) 
        results, be fined under this title or imprisoned not more than 
        20 years, or both;
            ``(3) if death results, be fined under this title or 
        imprisoned for any number of years or for life, or both; and
            ``(4) in any other case, be fined under this title or 
        imprisoned not more than 1 year, or both.
    ``(b) Civil Action.--Whoever, with the intent to cause an emergency 
response by any law enforcement agency, in the absence of circumstances 
requiring such a response, uses a telecommunications system, the mails, 
or any other facility of interstate or foreign commerce to knowingly 
transmit false or misleading information indicating that conduct has 
taken, is taking, or will take place that may reasonably be believed to 
constitute a violation of any State or Federal criminal law, or 
endanger public health or safety, is liable in a civil action to any 
party incurring expenses incident to any emergency response to that 
conduct, for those expenses.
    ``(c) Reimbursement.--
            ``(1) In general.--The court, in imposing a sentence on a 
        defendant convicted of an offense under subsection (a), shall 
        order the defendant to reimburse any party for expenses for an 
        emergency response necessitated by such offense.
            ``(2) Liability.--A person ordered to make reimbursement 
        under this subsection shall be jointly and severally liable for 
        such expenses with each other person, if any, who is ordered to 
        make reimbursement under this subsection for the same expenses.
            ``(3) Civil judgment.--An order of reimbursement under this 
        subsection shall, for the purposes of enforcement, be treated 
        as a civil judgment.
    ``(d) Definitions.--In this section:
            ``(1) Emergency response.--The term `emergency response' 
        means any action taken by law enforcement personnel to 
        immediately respond to an event that threatens or may 
        reasonably be believed to threaten public health or safety.
            ``(2) Law enforcement agency.--The term `law enforcement 
        agency' means any public agency of the United States, a State, 
        or a political subdivision of a State charged with policing 
        functions.
            ``(3) State.--The term `State' means each of the several 
        States, the District of Columbia, each commonwealth, territory, 
        or possession of the United States, and each federally 
        recognized Indian tribe.
            ``(4) Telecommunications system.--The term 
        `telecommunications system' means any interactive computer 
        service or electronic communication service or electronic 
        communication system of interstate commerce.''.
    (b) Technical Amendment.--The table of sections for chapter 47 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1041. False communications with the intent to cause an emergency 
                            response.''.
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