- Potential benefitMay deter swatting by increasing criminal penalties for false reports designed to provoke emergency responses.
- Potential benefitEnables civil recovery of costs from individuals causing false emergency responses, potentially returning expenses to v…
- Potential benefitCould improve public safety by reducing dangerous deployments and associated risks to first responders and the public.
Preserving Safe Communities by Ending Swatting Act of 2025
Read twice and referred to the Committee on the Judiciary.
The bill amends 18 U.S.C. §1038 to criminalize knowingly conveying false or misleading information that reasonably may be believed and is intended to cause an emergency response or to indicate violent or dangerous conduct. It creates criminal penalties (up to 5 years; up to 20 years for serious bodily injury; up to life if death results), authorizes civil liability for parties incurring emergency or investigative response expenses, and defines "emergency response."
Progressives stress civil liberties and overcriminalization risks
Relative to its intended legislative type, this bill is a direct and specific substantive change to the criminal code that criminalizes and creates civil liability for 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 is intended to cause an emergency response or to indicate violent or dangerous conduct.
It creates criminal penalties (up to 5 years; up to 20 years for serious bodily injury; up to life if death results), authorizes civil liability for parties incurring emergency or investigative response expenses, and defines "emergency response."
Narrow public-safety focus, modest legal changes, and limited fiscal impact increase prospects; some federalism and constitutional concerns temper certainty.
Relative to its intended legislative type, this bill is a direct and specific substantive change to the criminal code that criminalizes and creates civil liability for false communications that cause emergency responses. It integrates clearly with existing statutes and specifies penalties tied to harm outcomes, but it omits broader implementation, fiscal, and edge-case detail.
Progressives stress civil liberties and overcriminalization risks
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Potential burdenMay chill lawful reporting or speech if individuals fear criminal or civil liability for mistaken or ambiguous communic…
- Potential burdenBroad intent and scope language could prompt constitutional challenges on vagueness or First Amendment grounds.
- Federal agenciesExpands federal criminal jurisdiction, potentially overlapping or conflicting with existing state authority and prosecu…
Why the argument around this bill splits.
Progressives stress civil liberties and overcriminalization risks
Generally supportive of preventing dangerous "swatting" incidents and compensating victims, but concerned about overcriminalization and civil liberties.
Sees value in accountability for hoaxes that cause harm, while seeking safeguards against biased or overly broad enforcement.
Supportive of closing a legal gap that lets dangerous hoaxes go unpunished, while wanting precise statutory language and proportional penalties.
Views civil remedies for response costs as reasonable, but seeks clarity on jurisdiction and enforcement burden.
Strongly favorable toward tougher penalties and civil liability for dangerous hoaxes that threaten public safety.
Appreciates law‑and‑order approach and federal jurisdiction for interstate communications, though cautious about unnecessary federal expansion.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Narrow public-safety focus, modest legal changes, and limited fiscal impact increase prospects; some federalism and constitutional concerns temper certainty.
- Potential First Amendment or vagueness challenges
- Overlap and coordination with state prosecutions
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Progressives stress civil liberties and overcriminalization risks
Narrow public-safety focus, modest legal changes, and limited fiscal impact increase prospects; some federalism and constitutional concerns…
Relative to its intended legislative type, this bill is a direct and specific substantive change to the criminal code that criminalizes and creates civil liability for false communications that cause emergency responses…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.