RÉSUMÉ DIGEST
ACT 348 (SB 42) 2018 Regular Session Appel
New law creates the crime of false communication with the intent to cause an emergency
response, i.e., "swatting".
Provides that no person can, with the intent to cause an emergency response by any law
enforcement agency or other first responder in the absence of circumstances requiring such
response, knowingly communicate or transmit false or misleading information indicating
that conduct has taken place, is taking place, or will take place that may reasonably be
believed to constitute a violation of the criminal law of any state or the U.S. or that may
reasonably be believed to endanger public health or safety.
Provides the following penalties for a violation of new law:
(1)If no emergency response results, imprisonment up to six months, a fine up to $500,
or both.
(2)If an emergency response results, imprisonment, with or without hard labor, up to
five years, a fine between $100 and $1000, or both.
(3)If an emergency response results and serious bodily injury occurs, imprisonment,
with or without hard labor, for not less than eight years, a fine between $500 and
$2,500, or both.
(4)If an emergency response results and death occurs, imprisonment at hard labor for
not less than ten years nor more than 40 years.
Provides that in addition to the penalties provided by new law, the court is to order the
defendant to reimburse the appropriate party or parties for any expenses incurred for an
emergency response resulting from the commission of the offense.
Provides that a person ordered to make reimbursement is jointly and severally liable for such
expenses with any other person who is ordered to make reimbursement for the same
expenses. Further provides that an order of reimbursement pursuant to new law, for
purposes of enforcement, is to be treated as a civil judgment.
Provides the following definitions:
(1)"Emergency response" means any action taken by a law enforcement agency or other
first responder to immediately respond to any conduct or event that is reasonably
believed to violate the criminal law of any state or the U.S. or that threatens or may
reasonably be believed to threaten public health or safety.
(2)"Law enforcement agency" includes any federal, state, or local law enforcement
agency.
Effective upon signature of governor (May 20, 2018).
(Adds R.S. 14:126.1.1)