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1 1 (October 27, 2023)

handle is hein.crs/govenhj0001 and id is 1 raw text is: Congressional_______ R a esearch Service School Swatting: Overview of Federal Criminal Law October 27, 2023 In September 2023, school districts in several states-including Pennsylvania, New York, Utah, California, and North Carolina-were reportedly subject to threatening hoax communications characterized as swatting-that is, communicating a false emergency in an attempt to direct an armed police response to a certain target or location, often as a prank or means of harassment. Many school swatting incidents have involved false claims of active shooters on school premises. Others have involved bomb threats. Swatting incidents targeting schools have resulted in significant police activity and disruptions such as lockdowns. One study by an educational nonprofit found that there were at least 446 swatting incidents specifically involving active shooter hoaxes in the United States during the 2022-2023 school year. The FBI is reportedly maintaining its own database of school swatting incidents. The phenomenon of school swatting has garnered widespread media attention and has prompted statements from some Members of Congress and other public officials. At least one state has enacted new legislation aimed at swatting, and other legislative proposals have been introduced at the state and federal levels. This Sidebar provides an overview of several federal criminal laws that may be relevant to school swatting incidents, discusses potential complications when prosecuting school swatting that originates abroad, and concludes with some congressional considerations. Select Federal Criminal Statutes Relevant to Swatting Depending on the circumstances, a school swatting incident may violate one or more federal criminal laws. As one federal prosecutor has explained, Swatting scenarios can vary greatly, and consequently, charging options are highly fact-dependent. This section provides an overview of several federal criminal statutes that may apply to making a swatting communication, including statutes governing threats, hoaxes, and cyberstalking. None of these statutes expressly mention swatting or schools, but each has been used to charge swatting incidents either in general or specifically involving schools. Apart from the communications themselves, tactics used by swatters may also violate federal law. For example, swatters may rely on unauthorized computer entry to obtain the information necessary for executing their plans. Such behavior could implicate federal laws such as the Computer Fraud and Abuse Act and the wire fraud statute, both of which are discussed in CRS Report R47557, Cybererime and the Law: Primer on the Computer Fraud and Abuse Act and Related Statutes, by Peter G. Berris (2023). Congressional Research Service https://crsreports.congress.gov LSB11063 CRS Legal Sidebar Prepared for Members and Committees of Congress

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