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 crimi-
nal violation for using false communications with the 
intent to create an emergency response, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Interstate Swatting 
Hoax Act’’. 
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SEC. 2. FALSE COMMUNICATIONS WITH THE INTENT TO 
CAUSE AN EMERGENCY RESPONSE. 
(a) IN GENERAL.—Chapter 47 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1041. False communications with the intent to 
cause an emergency response. 
‘‘(a) CRIMINAL VIOLATION.—Whoever, with the in-
tent to cause an emergency response by any law enforce-
ment agency, in the absence of circumstances requiring 
such a response, uses a telecommunications system, the 
mails, or any other facility of interstate or foreign com-
merce to knowingly transmit false or misleading informa-
tion indicating that conduct has taken, is taking, or will 
take place that may reasonably be believed to constitute 
a violation of any State or Federal criminal law, or endan-
ger public health or safety, shall— 
‘‘(1) if an emergency response results, be fined 
under this title or imprisoned not more than 5 years, 
or both; 
‘‘(2) if serious bodily injury (as defined in sec-
tion 1365) results, be fined under this title or im-
prisoned not more than 20 years, or both; 
‘‘(3) if death results, be fined under this title 
or imprisoned for any number of years or for life, 
or both; and 
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‘‘(4) in any other case, be fined under this title 
or imprisoned not more than 1 year, or both. 
‘‘(b) CIVIL ACTION.—Whoever, with the intent to 
cause an emergency response by any law enforcement 
agency, in the absence of circumstances requiring such a 
response, uses a telecommunications system, the mails, or 
any other facility of interstate or foreign commerce to 
knowingly transmit false or misleading information indi-
cating that conduct has taken, is taking, or will take place 
that may reasonably be believed to constitute a violation 
of any State or Federal criminal law, or endanger public 
health or safety, is liable in a civil action to any party 
incurring expenses incident to any emergency response to 
that conduct, for those expenses. 
‘‘(c) REIMBURSEMENT.— 
‘‘(1) IN GENERAL.—The court, in imposing a 
sentence on a defendant convicted of an offense 
under subsection (a), shall order the defendant to 
reimburse any party for expenses for an emergency 
response necessitated by such offense. 
‘‘(2) LIABILITY.—A person ordered to make re-
imbursement under this subsection shall be jointly 
and severally liable for such expenses with each 
other person, if any, who is ordered to make reim-
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bursement under this subsection for the same ex-
penses. 
‘‘(3) CIVIL
JUDGMENT.—An order of reim-
bursement under this subsection shall, for the pur-
poses of enforcement, be treated as a civil judgment. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) EMERGENCY RESPONSE.—The term ‘emer-
gency response’ means any action taken by law en-
forcement personnel to immediately respond to an 
event that threatens or may reasonably be believed 
to threaten public health or safety. 
‘‘(2) LAW ENFORCEMENT AGENCY.—The term 
‘law enforcement agency’ means any public agency 
of the United States, a State, or a political subdivi-
sion of a State charged with policing functions. 
‘‘(3) STATE.—The term ‘State’ means each of 
the several States, the District of Columbia, each 
commonwealth, territory, or possession of the United 
States, and each federally recognized Indian tribe. 
‘‘(4) 
TELECOMMUNICATIONS
SYSTEM.—The 
term ‘telecommunications system’ means any inter-
active computer service or electronic communication 
service or electronic communication system of inter-
state commerce.’’. 
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(b) TECHNICAL AMENDMENT.—The table of sections 
for chapter 47 of title 18, United States Code, is amended 
by adding at the end the following new item: 
‘‘1041. False communications with the intent to cause an emergency response.’’. 
Æ 
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