Title 18 — Crimes and Criminal ProcedureRelease 119-73not60

§1038 False Information and Hoaxes

Title 18 › Part I— CRIMES › Chapter 47— FRAUD AND FALSE STATEMENTS › § 1038

Last updated Apr 5, 2026|Official source

Summary

Makes it a crime to spread false or misleading information when people could reasonably believe it and when the false claim says an activity happened, is happening, or will happen that would violate certain serious federal crimes (including violent crimes, some weapons and explosives crimes, nuclear or certain aviation crimes). If convicted, a person can get a federal fine or up to 5 years in prison, or both. If someone is seriously injured because of the lie, the prison time can be up to 20 years. If someone dies because of it, the prison term can be up to life, and fines may also apply. Also makes false reports about the death, injury, capture, or disappearance of a U.S. service member during a war a crime with the same penalties. A person who causes emergency or investigative costs must pay those expenses. A court that convicts someone must order repayment to state or local governments or to nonprofit fire or rescue groups that paid those costs. People ordered to pay can be held jointly responsible, and the repayment order can be enforced like a civil judgment. The law does not stop lawful police or intelligence work.

Full Legal Text

Title 18, §1038

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)(1)Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505(b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49, shall—

(A)be fined under this title or imprisoned not more than 5 years, or both;

(B)if serious bodily injury results, be fined under this title or imprisoned not more than 20 years, or both; and

(C)if death results, be fined under this title or imprisoned for any number of years up to life, or both.

(2)Any person who makes a false statement, with intent to convey false or misleading information, about the death, injury, capture, or disappearance of a member of the Armed Forces of the United States during a war or armed conflict in which the United States is engaged—

(A)shall be fined under this title, imprisoned not more than 5 years, or both;

(B)if serious bodily injury results, shall be fined under this title, imprisoned not more than 20 years, or both; and

(C)if death results, shall be fined under this title, imprisoned for any number of years or for life, or both.

(b)Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505 (b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49 is liable in a civil action to any party incurring expenses incident to any emergency or investigative response to that conduct, for those expenses.

(c)(1)The court, in imposing a sentence on a defendant who has been convicted of an offense under subsection (a), shall order the defendant to reimburse any state or local government, or private not-for-profit organization that provides fire or rescue service incurring expenses incident to any emergency or investigative response to that conduct, for those expenses.

(2)A person ordered to make reimbursement under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under this subsection for the same expenses.

(3)An order of reimbursement under this subsection shall, for the purposes of enforcement, be treated as a civil judgment.

(d)This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States.

Reference

Citations & Metadata

Citation

18 U.S.C. § 1038

Title 18 — Crimes and Criminal Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60