I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Interstate Swatting 

5 Hoax Act’’. 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•HR 4057 IH

1 SEC. 2. FALSE COMMUNICATIONS WITH THE INTENT TO 

2 CAUSE AN EMERGENCY RESPONSE. 

3 (a) IN GENERAL.—Chapter 47 of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 1041. False communications with the intent to 

7 cause an emergency response. 

8 ‘‘(a) CRIMINAL VIOLATION.—Whoever, with the in9 tent to cause an emergency response by any law enforce10 ment agency, in the absence of circumstances requiring 

11 such a response, uses a telecommunications system, the 

12 mails, or any other facility of interstate or foreign com13 merce to knowingly transmit false or misleading informa14 tion indicating that conduct has taken, is taking, or will 

15 take place that may reasonably be believed to constitute 

16 a violation of any State or Federal criminal law, or endan17 ger public health or safety, shall— 

18 ‘‘(1) if an emergency response results, be fined 

19 under this title or imprisoned not more than 5 years, 

20 or both; 

21 ‘‘(2) if serious bodily injury (as defined in sec22 tion 1365) results, be fined under this title or im23 prisoned not more than 20 years, or both; 

24 ‘‘(3) if death results, be fined under this title 

25 or imprisoned for any number of years or for life, 

26 or both; and 


tkelley on DSK3SPTVN1PROD with BILLS
3 

•HR 4057 IH

1 ‘‘(4) in any other case, be fined under this title 

2 or imprisoned not more than 1 year, or both. 

3 ‘‘(b) CIVIL ACTION.—Whoever, with the intent to 

4 cause an emergency response by any law enforcement 

5 agency, in the absence of circumstances requiring such a 

6 response, uses a telecommunications system, the mails, or 

7 any other facility of interstate or foreign commerce to 

8 knowingly transmit false or misleading information indi9 cating that conduct has taken, is taking, or will take place 

10 that may reasonably be believed to constitute a violation 

11 of any State or Federal criminal law, or endanger public 

12 health or safety, is liable in a civil action to any party 

13 incurring expenses incident to any emergency response to 

14 that conduct, for those expenses. 

15 ‘‘(c) REIMBURSEMENT.— 

16 ‘‘(1) IN GENERAL.—The court, in imposing a 

17 sentence on a defendant convicted of an offense 

18 under subsection (a), shall order the defendant to 

19 reimburse any party for expenses for an emergency 

20 response necessitated by such offense. 

21 ‘‘(2) LIABILITY.—A person ordered to make re22 imbursement under this subsection shall be jointly 

23 and severally liable for such expenses with each 

24 other person, if any, who is ordered to make reimVerDate Sep 11 2014 22:09 Nov 21, 2015 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4057.IH H4057

tkelley on DSK3SPTVN1PROD with BILLS
4 

•HR 4057 IH

1 bursement under this subsection for the same ex2 penses. 

3 ‘‘(3) CIVIL JUDGMENT.—An order of reim4 bursement under this subsection shall, for the pur5 poses of enforcement, be treated as a civil judgment. 

6 ‘‘(d) DEFINITIONS.—In this section: 

7 ‘‘(1) EMERGENCY RESPONSE.—The term ‘emer8 gency response’ means any action taken by law en9 forcement personnel to immediately respond to an 

10 event that threatens or may reasonably be believed 

11 to threaten public health or safety. 

12 ‘‘(2) LAW ENFORCEMENT AGENCY.—The term 

13 ‘law enforcement agency’ means any public agency 

14 of the United States, a State, or a political subdivi15 sion of a State charged with policing functions. 

16 ‘‘(3) STATE.—The term ‘State’ means each of 

17 the several States, the District of Columbia, each 

18 commonwealth, territory, or possession of the United 

19 States, and each federally recognized Indian tribe. 

20 ‘‘(4) TELECOMMUNICATIONS SYSTEM.—The 

21 term ‘telecommunications system’ means any inter22 active computer service or electronic communication 

23 service or electronic communication system of inter24 state commerce.’’. 


tkelley on DSK3SPTVN1PROD with BILLS
5 

•HR 4057 IH

1 (b) TECHNICAL AMENDMENT.—The table of sections 

2 for chapter 47 of title 18, United States Code, is amended 

3 by adding at the end the following new item: 

‘‘1041. False communications with the intent to cause an emergency response.’’. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS