LAWRENCE J. HOGAN, JR., Governor Ch. 150
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Chapter 150
(Senate Bill 881)
AN ACT concerning
Criminal Law – False Statements – Emergency or Commission of Crime
(Antiswatting Act of 2022)
Task Force to Study the Practice Known as “Swatting”
FOR the purpose of prohibiting a person from making or causing to be made a false
statement, report, or complaint to a governmental emergency report recipient with
reckless disregard of causing bodily harm; providing that a person who violates this
Act is civilly liable to an individual harmed by the violation; and generally relating
to crimes involving the making of false statements establishing the Task Force to
Study the Practice Known as “Swatting”; and generally relating to the Task Force to
Study the Practice Known as “Swatting”.
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 3–8A–19(d)(3)(i)
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
BY adding to
Article – Criminal Law
Section 9–501.1
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 10–307
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
3–8A–19.
(d) (3) (i) Except as provided in subparagraph (ii) or (iii) of this paragraph,
a child may not be committed to the Department of Juvenile Services for out–of–home
placement if the most serious offense is:
Ch. 150 2022 LAWS OF MARYLAND
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1. Possession of marijuana under § 5–601(c)(2)(ii) of the
Criminal Law Article;
2. Possession or purchase of a noncontrolled substance under
§ 5–618 of the Criminal Law Article;
3. Disturbing the peace or disorderly conduct under § 10–201
of the Criminal Law Article;
4. Malicious destruction of property under § 6–301 of the
Criminal Law Article;
5. An offense involving inhalants under § 5–708 of the
Criminal Law Article;
6. An offense involving prostitution under § 11–303, §
11–306, or § 11–307 of the Criminal Law Article;
7. Theft under § 7–104(g)(2) or (3) of the Criminal Law
Article; [or]
8. Trespass under § 6–402(b)(1) or § 6–403(c)(1) of the
Criminal Law Article; OR
9. A FIRST–TIME VIOLATION FOR M AKING A FALSE
STATEMENT, REPORT, OR COMPLAINT OF AN E MERGENCY OR A CRIME UNDER §
9–501.1 OF THE CRIMINAL LAW ARTICLE.
Article – Criminal Law
9–501.1.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “CRIME OF VIOLENCE ” HAS THE MEANING STAT ED IN § 14–101 OF
THIS ARTICLE.
(3) “EMERGENCY ” MEANS A CONDITION TH AT:
(I) POSES AN IMMINENT TH REAT TO PUBLIC SAFET Y; AND
(II) RESULTS IN, OR IS LIKELY TO RESU LT IN:
1. THE RESPONSE OF A PU BLIC OFFICIAL; OR LAWRENCE J. HOGAN, JR., Governor Ch. 150
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2. THE EVACUATION OF AN AREA, A BUILDING, A
STRUCTURE, A VEHICLE, OR ANY OTHER PLACE .
(4) “GOVERNME NTAL EMERGENCY REPOR T RECIPIENT” MEANS:
(I) A PEACE OFFICER ;
(II) A POLICE AGENCY OF T HE STATE OR A UNIT OF LO CAL
GOVERNMENT ;
(III) A PERSON INVOLVED IN THE OPERATION OF A P UBLIC
SAFETY ANSWERING POI NT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY
ARTICLE; OR
(IV) ANY OTHER GOVERNMENT EMPLOYEE OR CONTRACT OR
WHO IS AUTHORIZED TO RECEIVE REPORTS OF A CRIME OR AN EMERGENC Y.
(B) (1) A PERSON MAY NOT MAKE , OR CAUSE TO BE MADE , A STATEMENT,
REPORT, OR COMPLAINT OF AN E MERGENCY OR ALLEGING THE COMMISSION OF A
CRIME THAT THE PERSO N KNOWS TO BE FALSE AS A WHOLE OR IN MAT ERIAL PART
TO A GOVERNMENTAL EM ERGENCY REPORT RECIP IENT WITH RECKLESS D ISREGARD
OF CAUSING BODILY HA RM TO AN INDIVIDUAL AS A DIRECT RESULT O F A RESPONSE
TO THE STATEMENT , REPORT, OR COMPLAINT.
(2) A PERSON MAY NOT VIOLA TE PARAGRAPH (1) OF THIS
SUBSECTION BY MAKING A FALSE STATEMENT , REPORT, OR COMPLAINT ALLEGIN G
THE COMMISSION OF A CRIME OF VIOLENCE IF THE RESULT OF THE ST ATEMENT,
REPORT, OR COMPLAINT IS A RE SPONSE FROM LAW ENFO RCEMENT AND SERIOUS
PHYSICAL INJURY OR S EVERE EMOTIONAL DIST RESS TO A PERSON AS A PROXIMATE
RESULT OF LAWFUL CON DUCT ARISING OUT OF THE RESPONSE .
(3) A PERSON MAY NOT VIOLA TE PARAGRAPH (1) OF THIS
SUBSECTION BY MAKING A FALSE STATEMENT , REPORT, OR COMPLA INT ALLEGING
THE COMMISSION OF A CRIME OF VIOLENCE IF THE RESULT OF THE ST ATEMENT,
REPORT, OR COMPLAINT IS A RE SPONSE FROM LAW ENFO RCEMENT AND THE DEAT H
OF A PERSON AS A PRO XIMATE RESULT OF LAW FUL CONDUCT ARISING OUT OF THE
RESPONSE.
(C) (1) EXCEPT AS PROVIDED IN PARAGRAP H (4) OF THIS SUBSECTION , A
PERSON WHO VIOLATES SUBSECTION (B)(1) OF THIS SECTION IS G UILTY OF A
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT
EXCEEDING 6 MONTHS OR A FINE NOT EXCEEDING $500 OR BOTH.
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(2) EXCEPT AS PROVIDED IN PARAGRAP H (4) OF THIS SUBSECTION , A
PERSON WHO VIOLATES SUBSECTION (B)(2) OF THIS SECTION IS G UILTY OF A
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 5
YEARS OR A FINE NOT EXCEEDING $10,000.
(3) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION , A
PERSON WHO VIOLATES SUBSECTION (B)(3) OF THIS SECTION IS G UILTY OF A
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10
YEARS OR A FINE NOT EXCEEDING $20,000.
(4) A PERSON UNDER THE AGE OF 18 YEARS WHO VIOLATES THIS
SECTION FOR THE FIRS T TIME IS GUILTY OF A CIVIL OFFENSE AND IS SUBJECT TO
THE PROCEDURES AND D ISPOSITIONS PROVIDED IN TITLE 3, SUBTITLE 8A OF THE
COURTS ARTICLE.
(5) IN ADDITION TO ANY OT HER PENALTY PROVIDED IN THIS
SUBSECTION, A COURT, IN IMPOSING A SENTENCE ON A PERSON CONVICTE D OF
VIOLATING THIS SECTI ON, MAY ORDER THE PERSON TO REIMBURSE ANY
INDIVIDUAL WHO INCUR S DAMAGES AS A PROXI MATE RESULT OF LAWFU L CONDUCT
ARISING OUT OF THE R ESPONSE TO THE STATE MENT, REPORT, OR COMPLAINT .
(D) A PERSON WHO VIOLATES T HIS SECTION MAY BE P ROSECUTED ,
INDICTED, TRIED, AND CONVICTED IN :
(1) THE COUNTY WHERE THE DEFENDANT MADE THE F ALSE
STATEMENT, REPORT, OR COMPLAINT ;
(2) THE COUNTY IN WHICH THE STATEMENT , REPORT, OR COMPLAINT
WAS RECEIVED BY A GOVERNMENTAL EMERGEN CY REPORT RECIPIENT ; OR
(3) THE COUNTY IN WHICH A GOVERNMENTAL EMERG ENCY REPORT
RECIPIENT RESPONDED TO THE STATEMENT , REPORT, OR COMPLAINT .
(E) IN ADDITION TO ANY PE NALTIES UNDER SUBSEC TION (C) OF THIS
SECTION, A PERSON WHO VIOLATE S THIS SECTION IS CI VILLY LIABLE TO ANY
INDIVIDUAL WHO IS IN JURED AS A RESULT OF THE VIOLATION.
(F) THIS SECTION MAY NOT BE CONSTRUED TO CONF LICT WITH 47 U.S.C. §
230 OR 42 U.S.C. § 1983.
10–307.
LAWRENCE J. HOGAN, JR., Governor Ch. 150
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(A) [A] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A
sentence imposed under this subtitle may be separate from and consecutive to or concurrent
with a sentence for any crime based on the act establishing the violation of this subtitle.
(B) IF A PERSON IS CONVIC TED OF A VIOLATION O F § 10–304(1)(I) OF THIS
SUBTITLE BASED ON A VIOLATION OF § 9–501.1 OF THIS ARTICLE , A SENTENCE
IMPOSED UNDER THIS S UBTITLE SHALL BE CON CURRENT WITH A SENTE NCE
IMPOSED UNDER § 9–501.1 OF THIS ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or
the application thereof to any person or circumstance is held invalid for any reason in a
court of competent jurisdiction, the invalidity does not affect other provisions or any other
application of this Act that can be given effect without the invalid provision or application,
and for this purpose the provisions of this Act are declared severable.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
(a) There is a Task Force to Study the Practice Known as “Swatting”.
(b) The Task Force consists of the following members:
(1) three members of the Senate of Maryland, appointed by the President
of the Senate;
(2) three members of the House of Delegates, appointed by the Speaker of
the House;
(3) the Public Defender, or the Public Defender’s designee;
(4) the Chair of the Anti–Defamation League, or the Chair’s designee;
(5) the Executive Director of the Maryland Chiefs of Police Association, or
the Executive Director’s designee;
(6) the Executive Director of the Maryland Sheriffs’ Association, or the
Executive Director’s designee;
(7) the President of the Maryland State’s Attorneys’ Association, or the
President’s designee; and
(8) the President of the Maryland Conference of the National Association
for the Advancement of Colored People, or the President’s designee.
(c) The Task Force shall designate the chair of the Task Force.
Ch. 150 2022 LAWS OF MARYLAND
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(d) The Office of the Attorney General shall provide staff for the Task Force.
(e) A member of the Task Force:
(1) may not receive compensation as a member of the Task Force; but
(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(f) The Task Force shall:
(1) study the laws applicable to, and otherwise relating to, the practice
known as “swatting”; and
(2) make recommendations relating to legislative changes to prohibit the
practice known as “swatting”.
(g) On or before June 1, 2023, the Task Force shall report its findings and
recommendations to the Governor and, in accordance with § 2 –1257 of the State
Government Article, the General Assembly.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2022. It shall remain effective for a period of 1 year and 9 months and, at the end of
February 28, 2023, this Act, with no further action required by the General Assembly, shall
be abrogated and of no further force and effect.
Approved by the Governor, April 21, 2022.