H.R. 286 (119th)Bill Overview

Preserving Safe Communities by Ending Swatting Act of 2025

Crime and Law Enforcement|Civil actions and liabilityCrime and Law Enforcement
Cosponsors
Support
Republican
Introduced
Jan 9, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the House Committee on the Judiciary.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The bill amends 18 U.S.C. §1038 to criminalize knowingly conveying false or misleading information that reasonably may be believed and that causes or is likely to cause an emergency response. It creates graded federal criminal penalties (up to 5 years; up to 20 years for serious bodily injury; up to life for death) and a civil cause of action to recover expenses incurred by emergency or investigative responses.

Why people may split

Scope: federal jurisdiction versus state primacy in prosecution

Watch point

Relative to its intended legislative type, this bill is a focused substantive criminal-law amendment that specifies elements, penalties, civil liability, and a definition to address false communications that cause emergency responses.

The bill amends 18 U.S.C. §1038 to criminalize knowingly conveying false or misleading information that reasonably may be believed and that causes or is likely to cause an emergency response.

It creates graded federal criminal penalties (up to 5 years; up to 20 years for serious bodily injury; up to life for death) and a civil cause of action to recover expenses incurred by emergency or investigative responses.

The text applies when false communications are transmitted by mail or any facility or means of interstate or foreign commerce, and it defines "emergency response" to include government and certain nonprofit fire or rescue deployments, evacuations, or public warnings.

Passage60/100

Focused criminal-safety measure with low ideological heat; plausible to clear both chambers, but success depends on legislative calendar and procedural hurdles.

CredibilityAligned

Relative to its intended legislative type, this bill is a focused substantive criminal-law amendment that specifies elements, penalties, civil liability, and a definition to address false communications that cause emergency responses. It integrates with existing statutory structure through cross-references and updates to 18 U.S.C. 1038.

Contention45/100

Scope: federal jurisdiction versus state primacy in prosecution

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Federal agencies · Permitting processFederal agencies

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Federal agenciesEstablishes federal criminal penalties to deter swatting and related hoaxes causing emergency responses.
  • Federal agenciesEnables federal prosecution when interstate commerce or mail is used to transmit false emergency information.
  • Permitting processPermits recovery of emergency response and investigative expenses through civil suits against perpetrators.
Likely burdened
  • Potential burdenBroad statutory language could chill protected or mistaken speech and risk prosecuting non-malicious errors.
  • Federal agenciesExpands federal jurisdiction into incidents traditionally prosecuted by States, raising federalism concerns.
  • Potential burdenCivil-liability exposure may impose substantial financial burdens on accused persons, including minors or low-income de…
03 · Why people split

Why the argument around this bill splits.

Scope: federal jurisdiction versus state primacy in prosecution
Progressive85%

Generally supportive because the bill targets dangerous harassing conduct that endangers lives and public safety.

Supports civil remedies for victims and heightened penalties for harm, while expecting safeguards for free speech and equitable enforcement.

Leans supportive
Centrist65%

Cautiously supportive: sees public safety benefits and a reasonable federal role for interstate misconduct.

Wants clearer definitions and coordination with state laws to limit duplication and unintended consequences.

Split reaction
Conservative60%

Generally favorable on law‑and‑order grounds because it punishes dangerous hoaxes and protects first responders.

Concerned about expanding federal criminal jurisdiction and unintended civil liabilities.

Split reaction
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood60/100

Focused criminal-safety measure with low ideological heat; plausible to clear both chambers, but success depends on legislative calendar and procedural hurdles.

Scope and complexity
24%
Scopenarrow
24%
Complexitylow
Why this could stall
  • Overlap with existing federal/state hoax statutes and prosecutorial discretion
  • No Congressional Budget Office cost estimate included in text
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Scope: federal jurisdiction versus state primacy in prosecution

Focused criminal-safety measure with low ideological heat; plausible to clear both chambers, but success depends on legislative calendar an…

Unlocked analysis

Relative to its intended legislative type, this bill is a focused substantive criminal-law amendment that specifies elements, penalties, civil liability, and a definition to address false communications that cause emerg…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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