S. 38 (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

Read twice and referred to the 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 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."

Why people may split

Progressives stress civil liberties and overcriminalization risks

Watch point

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."

Passage70/100

Narrow public-safety focus, modest legal changes, and limited fiscal impact increase prospects; some federalism and constitutional concerns temper certainty.

CredibilityPartially aligned

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.

Contention30/100

Progressives stress civil liberties and overcriminalization risks

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Likely helpedFederal agencies

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

Likely helped
  • 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.
Likely burdened
  • 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…
03 · Why people split

Why the argument around this bill splits.

Progressives stress civil liberties and overcriminalization risks
Progressive70%

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.

Leans supportive
Centrist85%

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.

Leans supportive
Conservative90%

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.

Leans supportive
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 likelihood70/100

Narrow public-safety focus, modest legal changes, and limited fiscal impact increase prospects; some federalism and constitutional concerns temper certainty.

Scope and complexity
24%
Scopenarrow
24%
Complexitylow
Why this could stall
  • Potential First Amendment or vagueness challenges
  • Overlap and coordination with state prosecutions
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

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…

Unlocked analysis

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.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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