Bill Description: Senate Bill 1343 would broadly define and criminalize falsely reporting violence or an emergency. It imposes severe penalties and mandatory minimums on those who do so.

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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

Senate Bill 1343 would create Section 18-3313A, Idaho Code, to address "false reports of violence or emergency in public or private places," which could sometimes lead to “swatting.” The intent language for the bill defines "swatting" as "the act of maliciously or recklessly submitting false reports in order to send an armed law enforcement response to private or public places." This act, it says, "presents a grave danger to the health and safety of both citizens and law enforcement in this state."

Within this context, the bill lays out severe penalties for "any person who reports, or causes any report to be made, to any police officer, sheriff, employee of a police department or sheriff's office, employee of a 911 emergency communications system or emergency vehicle dispatch center, employee of a fire department or fire service, prosecuting attorney, newspaper, radio station, television station, deputy sheriff, deputy prosecuting attorney, member of the state police, employee of an airline, employee of an airport, employee of a railroad or bus line, employee of a telephone company, occupants of a building, employee of a school district, or news reporter in the employ of a newspaper or radio or television station that an emergency exists in a public or private place, knowing that the report is false."

Notice first the broad nature of the language above. The bill does not define "emergency," yet it criminalizes falsely reporting one — not just to law enforcement, but to a host of private entities and businesses, and even to "occupants of a building." This language goes well beyond the popular concept of "swatting" and could easily include simple pranks such unnecessarily triggering a fire alarm.

The penalties required by this bill are severe and include mandatory minimums. Of note, the punishment for making a false bomb threat, which is already a felony, does not include any fines or mandatory minimum sentencing requirements. Its penalty is up to 5 years of incarceration. 

The penalties required by this bill are as follows:

• In a case where the false report "contains no indication that the emergency involves weapons or the threat of violence" and does not result in any damage or injury, the crime would be a misdemeanor. It would carry a penalty of "imprisonment not to exceed six (6) months in a county jail, supervised probation not to exceed six (6) months, a fine not to exceed three thousand dollars ($3,000), or by both imprisonment or supervised probation and such fine."
• In a case where the false report does contain an "indication that the emergency involves weapons or the threat of violence" but still does not result in any damage or injury, the crime would be a misdemeanor. It would carry a mandatory minimum penalty of "imprisonment in a county jail for more than six (6) months but less than one (1) year, supervised probation for more than six (6) months but less than one (1) year, a fine not to exceed fifteen thousand dollars ($15,000), or both imprisonment or supervised probation and such fine."
• In a case where the false report results in property damage of less than $5,000, the crime would be a misdemeanor. It would carry a mandatory minimum penalty of "imprisonment in a county jail for more than six (6) months but less than one (1) year, supervised probation for more than six (6) months but less than one (1) year, a fine not to exceed ten thousand dollars ($10,000), or both imprisonment or supervised probation and such fine."
• In a case where the false report results in property damage of $5,000 or more, the crime would be a felony. It would carry a mandatory minimum penalty of "imprisonment in the state penitentiary for no less than one (1) year, supervised probation for no less than one (1) year, a fine not to exceed fifteen thousand dollars ($15,000) or both imprisonment or supervised probation and such fine."
• In a case where the false report results in bodily injury that "does not result in permanent infirmity, disability, or handicap and results in damages in an amount less than five thousand dollars ($5,000)," the crime would be a misdemeanor. It would carry a mandatory minimum penalty of "imprisonment in a county jail for more than six (6) months but less than one (1) year, or supervised probation for no less than one (1) year, a fine of fifteen thousand dollars ($15,000), or both imprisonment or supervised probation and such fine."
• In a case where the false report results "permanent infirmity, disability, or handicap or otherwise results in damages of five thousand dollars ($5,000) or more," the crime would be a felony. It would carry a mandatory minimum penalty of "either a term of imprisonment in the state penitentiary for no less than one (1) year or two (2) years supervised probation and a fine of twenty-five thousand dollars ($25,000)."
• In a case where the false report results in death, the crime would be a felony. It would carry a mandatory minimum penalty of "imprisonment in the state penitentiary for a term of no less than ten (10) years and up to life and a fine of one-hundred thousand dollars ($100,000)."

The bill would not allow for judicial discretion. "Except in a case of a juvenile who has been waived to adult court pursuant to section 20-508, Idaho Code, the imposition or execution of the sentences provided in this section may not be suspended."

Finally, the bill says, "In the event of a conviction under this section, the court shall enter an order commanding the convicted person to pay restitution to the victim, the victim's heirs, or representatives for the actual damages resulting from such property damage, bodily injury, and death, including costs for expenses, including but not limited to reasonable attorney's fees."

This section on restitution is the appropriate way to handle false reports that result in harm to another person or their property. Imposing mandatory minimum penalties, requiring costly incarceration, and prohibiting judicial discretion is not the appropriate response.

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