by Logan Finney, Idaho Reports
The Senate Judiciary and Rules Committee advanced a bill Monday that would create stronger criminal penalties for false emergency reports used to harass people, also known as swatting.
The term “swatting” is a reference to special weapons and tactics units, or SWAT teams, that law enforcement agencies use to respond to high-risk situations like bomb threats or active shooters.
“Swatting is a dangerous and malicious prank or harassment tactic where an individual or group makes a false report to emergency services, typically claiming a serious threat or violent incidents,” Nichols said. “It can lead to unnecessary and potentially dangerous police interventions, waste of resources, and emotional distress for the victim.”
Senate Bill 1413 is a simplified version of another bill Nichols introduced last month. She said she worked with the Idaho Prosecuting Attorneys Association to better align the bill with existing law.
“We simplified the penalty language, and we made the penalties more consistent,” Nichols said.
It is already a felony crime under state law to submit a false report of bombs or explosives.
Under SB 1413, anyone who makes a false report of violence or emergency could be convicted of a misdemeanor with a fine up to $5,000 fine and 1 year in prison.
If a false report results in more than $1,000 of property damage, great bodily harm, or permanent disfigurement or disability, the penalty would be a felony with up to a $25,000 fine and up to 20 years imprisonment.
If a swatting incident results in the death of any person, the penalty would be a felony sentence with a mandatory minimum fine of at least $25,000 and imprisonment for at least 10 years, up to life.
Paul Riggins from the Idaho Association of Criminal Defense Lawyers was the only person to testify at the hearing. He asked that the bill be sent out for possible amendments.
“We generally oppose all mandatory minimums because we believe that the discretion should be left with judges who know the case best, not with legislators,” Riggins said.
Committee chair Sen. Todd Lakey, R-Nampa, pointed out the mandatory minimum sentence only applies if a swatting incident results in death.
The committee sent the bill to the full Senate with a unanimous voice vote.
Logan Finney | Producer
Logan Finney is a North Idaho native with a passion for media production and boring government meetings. He grew up skiing, hunting and hiking in the mountains of Bonner County and has maintained a lifelong interest in the state’s geography, history and politics. Logan joined the Idaho Reports team in 2020 as a legislative session intern and stayed to cover the COVID-19 pandemic. He was hired as an associate producer in 2021 and they haven’t been able to get rid of him since.