Yes. Knowingly making a false report that an emergency exists, the kind of hoax call known as swatting, is a misdemeanor under California Penal Code section 148.3. It becomes a felony if the caller knew or should have known the response was likely to cause death or great bodily injury and someone actually suffered death or great bodily injury as a result, and other laws with greater penalties can also apply.

The base offense: a knowingly false emergency report

Penal Code section 148.3(a) makes it a misdemeanor to report, or cause someone else to report, “that an ‘emergency’ exists, knowing that the report is false,” to any city, county, or state department, agency, or other public body the statute lists. The maximum sentence for this misdemeanor is one year in county jail, and the court may also or instead impose a fine of up to $1,000.

Section 148.3(c) defines “emergency” broadly. It includes any condition that results in, or could result in, a response by a public official in an authorized emergency vehicle, aircraft, or vessel; any condition that jeopardizes or could jeopardize public safety and results in, or could result in, an evacuation; and any situation that results in or could result in activation of the Emergency Alert System under Government Code section 8594. An actual or possible Emergency Alert System activation is not an “emergency” under this section when it results from a report by a parent, guardian, or lawful custodian based on a good-faith belief that the child is missing.

Section 148.3 sits in the same Penal Code chapter as the better-known offense of resisting, delaying, or obstructing an officer, but it is a separate crime with its own elements.

When a swatting call becomes a felony

Under section 148.3(b), the offense is a felony only when all three of these are true:

  • the person knew the report was false;
  • the person knew or should have known that the response was likely to cause death or great bodily injury; and
  • someone actually suffered death or great bodily injury as a result of the false report.

The felony is punishable by imprisonment under section 1170(h), a fine of up to $10,000, or both. A call that draws a large or armed response is therefore not a felony under section 148.3 unless someone is actually killed or suffers great bodily injury. Section 148.3(d) adds that the statute does not prevent punishment under any other law that provides a greater penalty for the same conduct.

A conviction can also mean paying for the response

Section 148.3(e) makes a person convicted under the section, based on a report that resulted in an emergency response, liable to the public agency for the reasonable costs of that response. This liability is separate from the jail term or fine.

Harassing 911 calls: a separate law

Penal Code section 653x is a different misdemeanor: using a phone or electronic device to initiate communication with the 911 system “with the intent to annoy or harass another person.” Under section 653x(b), that intent is established by proof of repeated calls or communications over a period of time, however short, that are unreasonable under the circumstances. The statute does not apply to good-faith calls. The maximum punishment is six months in county jail, a $1,000 fine, or both, and a person convicted also owes all reasonable costs of any unnecessary emergency response.

False bomb reports fall under a different statute

Hoax reports about a bomb or explosive device are covered by a separate statute, Penal Code section 148.1, with its own elements and penalties.

Talk to a lawyer about a false emergency report charge

A swatting accusation can move from a misdemeanor into felony territory based on what happened after officers arrived, which the caller may not control. The Law Offices of David S. Chesley can review the report, the agency’s response, and what the evidence shows about knowledge and intent. Call (800) 755-5174.