Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.
Consequences for Making a 911 Prank Call
Making a prank call to 911 is a serious crime, punishable by up to one year in jail and significant fines. Calling 911 for any reason other than reporting an actual emergency call is against the law.
However, the legal consequences you will face are determined state-by-state.
What Happens if You Call 911 Accidentally and Hang Up?
If you call 911, once you hit the send button, the call will be completed no matter how fast you hang up.
You can't get out once in the 911 system until a Public Safety Answering Point (PSAP) dispatcher answers the call.
Stay on the line and tell the operator your situation to avoid confusion and the possibility of police officers or the fire department being dispatched unnecessarily.
6 Types of Fake 911 Calls
Fake 911 calls can significantly divert emergency resources and pose risks to public safety. They can be categorized into several types, each with distinct motivations and implications.
1. Accidental Calls
Accidental calls, often called "pocket dials," occur when a person unintentionally dials 911. This can happen due to:
- Phantom Wireless Calls: These account for a substantial portion of 911 calls, where phones dial emergency services without user intent, often due to buttons being pressed inadvertently while in pockets or bags.
- Misdials: Users may accidentally dial 911 while attempting to reach a different number, particularly if the numbers are similar (e.g., 111 or 118).
- Silent Calls: These occur when a caller connects but does not speak, often due to being unaware that they have dialed.
2. Malicious False Reports
Malicious false reports involve deliberately misleading emergency services about an incident that is not occurring. This includes:
- Hoax Calls: Callers fabricate emergencies, such as claiming a fire or an active shooter, when there is none.
- Prank Calls: Often made by children or teenagers, these calls can range from silly claims to serious threats, such as school bomb threats.
3. Swatting Incidents
Swatting refers to the act of making a false report to dispatch law enforcement to a location under the pretense of an emergency, typically involving serious threats like hostage situations or bomb threats.
This is considered a felony in many jurisdictions due to the potential for severe consequences, including the deployment of SWAT teams.
Swatting not only wastes police resources but can also endanger lives.
Consequences of Swatting?
Federal laws consider swatting a serious crime, and a conviction can result in up to one year or even years in prison. The punishment for swatting offenses varies between jurisdictions.
A false report where no one was injured might be punished by up to one year in county jail in some states.
When someone is harmed, the punishment is going to be greater. In California, for example, a swatting offense that leads to serious injury or death carries a sentence of up to 3 years in prison.
4. Misuse During Domestic Disputes
In domestic disputes, individuals may misuse 911 by calling to report false emergencies as a means of manipulation or retaliation against their partner. This misuse complicates real emergency responses and can lead to legal repercussions for the caller if proven intentional.
5. Revenge Calls
Revenge calls are made with the intent to harm another person by falsely reporting them for criminal activity. This can include reporting someone for domestic violence or other serious crimes when no such incidents have occurred. Such actions can severely impact the accused individual’s life and lead to criminal charges against the caller.
6. Calls Made by Minors
Calls made by minors often fall into accidental or prank calls. Children may dial 911 out of curiosity or as part of play without understanding the seriousness of their actions.
These calls can also include malicious intent if children attempt to prank calls under the guise of an emergency.
In summary, fake 911 calls encompass a range of behaviors from innocent mistakes to deliberate malicious acts, each with significant implications for public safety and emergency response systems.
What is Doxing?
Doxing refers to revealing identifying information about a person online, such as their real name, home address, workplace, cell phone number, financial details, and other personal information. That information is then circulated to the public — without the victim's permission.
This can result in legal actions similar to those against prank callers who attempt to report information or act under false pretenses.
Connection to Swatting
Doxing is often linked to swatting, a dangerous practice where someone makes a false report to emergency services with the intent of dispatching law enforcement to another person's location.
When a doxer reveals personal information about their target, it can facilitate swatting by providing the perpetrator with the victim's address and other critical details.
This connection poses significant risks as swatting can lead to violent confrontations between law enforcement and innocent individuals, potentially resulting in injury or death.
Doxing is a serious violation of privacy that can lead to dangerous situations, including swatting. Understanding its implications and taking preventive measures can help individuals protect themselves from becoming victims.
1. First-Time Offenses
- Legal Repercussions: First-time offenders may face misdemeanor charges, resulting in fines, community service, or a short jail sentence (typically less than one year).
- Educational Programs: Courts may mandate participation in educational programs about the importance of emergency services.
- Warnings: In some cases, especially for accidental calls, law enforcement may issue a warning rather than pursue charges.
2. Repeat Offenses
- Increased Penalties: Repeat offenders will likely face more severe penalties, including felony charges depending on the jurisdiction and circumstances.
- Longer Jail Sentences: Repeat offenders may face longer incarceration, often exceeding one year.
- Probation: Offenders may be placed on probation, requiring them to check in regularly with a probation officer and adhere to specific conditions.
3. Cases Involving Injury
- Felony Charges: If a fake 911 call leads to injury (e.g., swatting incidents where law enforcement responds with force), the caller may face felony charges.
- Severe Penalties: Convictions can result in significant prison time (often several years) and hefty fines.
- Civil Liability: The caller may also be held civilly liable for any injuries sustained by individuals as a direct result of their false report.
4. Cases Involving Death
- Homicide Charges: If a fake 911 call results in someone's death (e.g., through swatting or other violent responses), the caller could face serious charges such as manslaughter or even murder.
- Long-Term Imprisonment: Convictions in such cases can lead to lengthy prison sentences, often exceeding 10 years or more, depending on the jurisdiction and specific circumstances.
- Public Outcry and Media Attention: These cases often attract significant media coverage and public scrutiny, which can impact the offender's life long after serving their sentence.
5. Financial Penalties
- Fines: Offenders may be subject to substantial fines ranging from hundreds to thousands of dollars, depending on the severity of the offense and jurisdiction.
- Court Costs: In addition to fines, offenders may need to pay court costs associated with their trial or plea agreement.
6. Restitution Requirements
- Compensation for Emergency Services: Courts may require offenders to pay restitution to cover the costs incurred by emergency services responding to their false reports. This can include:
- Payment for police response time
- Costs associated with deploying emergency personnel
- Compensation for any damages caused during the response
- Victim Compensation: If injuries or damages occurred due to the fake call, offenders might also be required to compensate victims for medical expenses or other losses.
The consequences of making fake 911 calls are serious and can have lasting effects on the offender and society. Understanding these repercussions is crucial for discouraging such behavior and promoting responsible use of emergency services.
Read Also:
Hiring an experienced lawyer to fight your charges may cost less than accepting a guilty plea without contesting, so don't hesitate and call a criminal defense attorney for a free case evaluation.
FAQs
1. What Is Swatting, and Why Is It Considered a Serious Crime?
Swatting involves tricking police officers into responding to a false report of an emergency, often leading to dangerous situations. It's considered serious due to its potential for harm and legal repercussions.
2. What Legal Penalties Can One Face for Engaging in Swatting?
Legal penalties for swatting can include misdemeanor charges with jail time, or felony charges with up to several years in prison, especially if the swatting results in injury or death.
3. How Does Doxing Differ From Swatting, and What Are the Consequences?
Doxing involves publicly revealing someone's personal information without consent while swatting triggers fake emergency responses. Both can lead to legal action, including fines and imprisonment.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.