by Logan Finney, Idaho Reports

Law enforcement are usually dispatched to deal with emergencies – but they can also be sent after fake calls that maliciously target people for harassment at their homes and businesses.

The Idaho Senate Judiciary and Rules Committee introduced a bill Monday that seeks to combat the issue.

The term “swatting” is a reference to special weapons and tactics units, or SWAT teams, that local law enforcement agencies use to respond to high-risk situations such as bomb threats or active shooters.

“The consequences of swatting can be severe, as it can often lead to dangerous situations, unnecessary use of law enforcement resources, and the potential for harm or injury to the individuals who are falsely targeted,” said Senate Bill 1343 sponsor Sen. Tammy Nichols, R-Middleton. “Swatting is not only a criminal act but also poses a serious threat to public safety.”

While the practice has existed for many years, national attention has grown after numerous swatting incidents targeted at politicians and elected officials on both sides of the political aisle in recent weeks.

According to a report from the Idaho Criminal Intelligence Center that Nichols provided to Idaho Reports, there were at least 15 known swatting incidents in Idaho in 2023. The law enforcement fusion center categorized those 15 incidents as causing disruption to approximately 50 schools and several hospitals, airports, and other facilities, as well as several private residences and businesses.

“Since the ICIC has started to collect data on Swatting incidents of January of 2023, there have been numerous events,” the document notes. “This is not an exhaustive list of swatting incidents in Idaho. The information gathered above is only what has been provided to the ICIC from partnering agencies across the state.”

Idaho law already carries a felony sentence and up to five years in prison for any person who knowingly makes a false report about a bomb or other explosive. The legislation introduced on Monday would create a new section of code addressing “false reports of violence or emergency” other than explosives.

“In Idaho currently swatting is reported as a false police report and a misdemeanor fine is imposed,” Nichols said.

Perpetrators behind a swatting incident would face a range of penalties under the bill. If a false emergency report causes no property damage or bodily injury, the person behind it would face a misdemeanor with up to 6 months in jail or a $3,000 fine.

If the false report indicates that an emergency involves weapons or the threat of violence, the misdemeanor penalty would carry between 6 months and 1 year in jail or a $15,000 fine.

If a false emergency report results in death, then the person behind it would face a minimum felony sentence of 10 years in prison and a $100,000 fine.

“The perpetrators of swatting use various forms of technology to hide their identity, making it difficult for law enforcement to trace the false reports back to the responsible party, although many in law enforcement have found other methods and other capabilities to be able to do so,” Nichols said.

The bill also includes restitution to the victims for damages and attorney’s fees.

Nichols told Idaho Reports that a group of retired prosecutors and law enforcement approached her about running swatting legislation, and she was already interested in the topic. The bill was only printed for introduction on Monday and will have to receive a public committee hearing to move forward.

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