House approves Fogarty bill to criminalize false reports of shootings and other dangerous events

“Swatting” penalties strengthened

The House of Representatives passed legislation introduced by Rep. Kathleen A. Fogarty (D-Dist. 35, South Kingstown) that would expand the crime of false reporting to include shootings or other dangerous events.

The bill (2024-H 7972) would amend an existing law that criminalizes false bomb threats that cause terror, anxiety, unrest or fear, prompting an evacuation or lockdown of a location or other law enforcement response.

“These false reports not only waste resources by mobilizing law enforcement unnecessarily, but they can be extremely dangerous,” said Representative Fogarty. “They can create risky situations at schools and other public places and tie up first responders who may be needed at legitimate emergencies.”

The phenomenon commonly known as “swatting” occurs when a false report of an ongoing emergency or threat of violence is made to law enforcement with the intention of prompting the mobilization of significant law enforcement resources. These calls are becoming more and more prevalent around the country.

Testifying in favor of the legislation before the House Judiciary Committee, Attorney General Peter Neronha said, “The current statute applies only to threats of explosives or dangerous substances or contrivance. As a result, we are unable to prosecute individuals who falsely report a shooting or any other type of dangerous event, so there is no recourse for these types of threats. Just last year, our police departments received false threats of gun violence in multiple schools, in our cities, and even at our airport.”

The law, which carries a 10-year imprisonment or $1,000 fine, would also be amended to allow the courts to take mitigating factors such as mental illness into consideration and allow court orders such as no trespass orders, mental health treatment, and substance abuse counseling.

The measure now moves to the Senate for consideration.