I 

115TH CONGRESS 

2D SESSION H. R. 5204 

To amend title 18, United States Code, to penalize false communications 

to cause an emergency response, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2018 

Mr. ESTES of Kansas introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to penalize false 

communications to cause 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 ‘‘Preventing Swatting 

5 and Protecting our Communities Act of 2018’’ or as the 

6 ‘‘Andrew T. Finch Memorial Act of 2018’’. 

7 SEC. 2. FALSE COMMUNICATIONS TO CAUSE AN EMER8 GENCY RESPONSE. 

9 Section 1038 of title 18, United States Code, is 

10 amended— 


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1 (1) in subsection (a)(1), to read as follows: 

2 ‘‘(1) IN GENERAL.—Whoever engages in any 

3 conduct with intent to convey false or misleading in4 formation— 

5 ‘‘(A) under circumstances where such in6 formation may reasonably be believed and 

7 where such information indicates that an activ8 ity has taken, is taking, or will take place that 

9 would constitute a violation of chapter 2, 10, 

10 11B, 39, 40, 44, 111, or 113B of this title, sec11 tion 236 of the Atomic Energy Act of 1954 (42 

12 U.S.C. 2284), or section 46502, the second sen13 tence of section 46504, section 46505(b)(3) or 

14 (c), section 46506 if homicide or attempted 

15 homicide is involved, or section 60123(b) of title 

16 49; or 

17 ‘‘(B) using the mail or any facility or 

18 means of interstate or foreign commerce, under 

19 circumstances where such information may rea20 sonably be expected to cause an emergency re21 sponse and the information indicates that con22 duct has taken, is taking, or will take place that 

23 constitutes a crime under State or Federal law 

24 or endangers public health or safety or the 

25 health or safety of any person, 


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1 shall be fined under this title or imprisoned not 

2 more than 5 years, or both. If serious bodily injury 

3 results, the defendant shall be fined under this title 

4 or imprisoned not more than 20 years, or both, and 

5 if death results, the defendant shall be fined under 

6 this title or imprisoned for any number of years up 

7 to life, or both.’’; 

8 (2) in subsection (b), to read as follows: 

9 ‘‘(b) CIVIL ACTION.—Whoever engages in any con10 duct with intent to convey false or misleading informa11 tion— 

12 ‘‘(1) under circumstances where such informa13 tion may reasonably be believed and where such in14 formation indicates that an activity has taken, is 

15 taking, or will take place that would constitute a vio16 lation of chapter 2, 10, 11B, 39, 40, 44, 111, or 

17 113B of this title, section 236 of the Atomic Energy 

18 Act of 1954 (42 U.S.C. 2284), or section 46502, the 

19 second sentence of section 46504, section 46505 

20 (b)(3) or (c), section 46506 if homicide or attempted 

21 homicide is involved, or section 60123(b) of title 49; 

22 or 

23 ‘‘(2) using the mail or any facility or means of 

24 interstate or foreign commerce, under circumstances 

25 where such information may reasonably be expected 


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1 to cause an emergency response and the information 

2 indicates that conduct has taken, is taking, or will 

3 take place that constitutes a crime under State or 

4 Federal law or endangers public health or safety or 

5 the health or safety of any person, 

6 is liable in a civil action to any party incurring expenses 

7 incident to any emergency or investigative response to that 

8 conduct, for those expenses.’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(e) DEFINITION.—In this section, the term ‘emer11 gency response’ means any deployment of personnel or 

12 equipment, order or advice to evacuate, or issuance of a 

13 warning to the public or a threatened person, organiza14 tion, or establishment, by an agency of the United States 

15 or a State charged with public safety functions, including 

16 any agency charged with detecting, preventing, or inves17 tigating crimes or with fire or rescue functions, or by a 

18 private not-for-profit organization that provides fire or 

19 rescue functions.’’. 

Æ 


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