False reports of school shootings and other crimes have been rampant for months throughout the United States, and the state House is considering a bill to deal with such crimes.
The practice is commonly called “swatting:” making a false report of a crime so that law enforcement – particularly a SWAT team – will respond to an address. It is often used as a revenge tactic, as a way to cause unrest, or in the minds of some it is even seen as a joke.
It isn’t funny to Representative Lane Roberts (R-Joplin), who has a lengthy career that includes time as Joplin’s Police Chief and Director of the Missouri Department of Public Safety. He said such reports create needless danger for the public and for law enforcement.
“Frequently people will make a false call for the purpose of harassing someone, discriminating against someone. It affects their reputation, their business, there’s a lot of consequences to some of these false reports and some of it’s pretty darn malicious,” said Roberts. “The difficulty is that the penalties for doing that now are pretty mild compared to the potential for injury that goes with a call like that. It’s just not something that we can put up with.”
For several years he has proposed legislation to address swatting. This week his latest such effort was heard by the House Committee on Public Safety, which he chairs.
He stressed to the committee that the key to House Bill 302 is how it would define the crime. That is, to give a false report to law enforcement, a security officer, a fire department, or other such organization, “with reckless disregard of causing bodily harm to any person as a direct result of an emergency response.”
Roberts explained, “This specifically says the person who makes the false report for the purpose of doing any of the enumerated things … we’re talking about, what’s the intent of the call?”
Under HB 302 those who make false reports that result in a person being killed or seriously hurt could be charged with a class-B felony, punishable by 5 to 15 years in prison. Falsely reporting a felony crime would be a class-E felony (up to four years in prison). Any other false reports would be a class-B misdemeanor (up to six months in jail and a fine of up to $1,000).
Juveniles making false reports for the first time would be guilty of a status offense. Any further offenses would be class-C misdemeanors and would require a juvenile court appearance or community service and a fine.
The bill would hold any person convicted under its provisions liable for the costs of any emergency response caused by their false report. They could also be sued by any victims. Roberts said that is because swatting can cause, “damage to someone’s business, their reputation, their ability to make a living, their livelihood, so if someone engages in that kind of conduct for the purpose of causing harm to someone’s livelihood, then by all means they should be accountable.”
Jordan Kadosh with the Anti-Defamation League spoke in favor of HB 302. He reiterated that instances of swatting have been spiking, especially after many of the recent shootings at schools throughout the nation. He said after the recent shooting that killed six people at The Covenant School in Nashville, Tennessee, Missouri law enforcement was “inundated with false reports.”
He said the bill is narrowly crafted to help prosecutors make cases against swatters and at last create real penalties for maliciously making false reports.
The committee has not voted on HB 302. Last year the House passed similar legislation 142-0, but it did advance out of the Senate.
Pronunciations:
Kadosh = kah-DOEsh
