§1038 False information and hoaxes

Summary

Makes it a crime to intentionally send false or misleading information in a way that people could reasonably believe, when the message suggests an activity that would break certain listed federal criminal laws. If convicted, a person can be fined or jailed for not more than 5 years. If the false information leads to serious bodily injury, the jail time can be not more than 20 years. If the false information causes a death, the jail time can be any number of years up to life, and a fine may also apply. Telling a false story about the death, injury, capture, or disappearance of a U.S. service member during a war or armed conflict carries the same penalties. A person who gives such false information can also be sued to pay back anyone who spent money responding to the fake threat or investigating it. A court that convicts someone must order them to repay state or local governments or private nonprofit fire or rescue groups for those response costs. If more than one person is ordered to pay the same costs, each can be held responsible for the whole amount. The repayment order can be enforced like a civil judgment. Lawful investigative, protective, or intelligence activities by U.S., state, or local agencies are not affected.