Last Updated on January 28, 2025
The SWAT (or Special Weapons and Tactics) team is an elite unit of police officers tasked with handling particularly dangerous situations. While this special team helps resolve some particularly deadly situations, their presence can sometimes escalate certain circumstances a heavily armed and aggressive force isn’t necessary. Unfortunately, the aggressive nature of the SWAT team is the precise reason some internet users have made a game of calling in fake emergencies that would require the SWAT team, a practice known as “swatting.” Because these situations can sometimes become dangerous or even deadly, swatting is a crime under California law, as it falls under Penal Code 148.3 (PC), which prohibits the false report of an emergency. Anyone accused of swatting in Vista or the rest of San Diego County should contact an internet crimes lawyer like Peter Liss as soon as possible.
148.3 (PC) is a Bigger Deal Than False Reporting
Falsely accusing someone of a crime is a crime in itself, but swatting is a more serious crime than that, as the emergency nature of these allegations raises the stakes, increasing the likelihood that someone will get hurt and increasing the cost of the government’s response. As a result, those accused of this crime will face charges related to the false report of an emergency, which carries more severe penalties.
Many people accused of swatting will also face charges of “calling 9-11 to harass,” filed under Penal Code 653x (PC). This crime is filed against those who use 9-11 calls to annoy or harass another party rather than calling emergency services in good faith to report an emergency.
These are serious charges, and if you have been accused of such a crime, never speak to the police without your defense attorney present.
Is Swatting a Felony?
Ordinarily, the false report of an emergency under 148.3 (PC) is a misdemeanor, punishable by up to one year in county jail. However, swatting can be a felony if someone is injured or killed as a result of the prank. When this happens, the offense is punishable by up to three years in prison, and the victims can also sue for civil damages.
Whether filed as a misdemeanor or felony, those convicted of swatting can be forced to reimburse the city for the cost of reporting to the scene at up to $10,000 per incident.
Defenses Against Swatting Allegations
You can fight these charges with the help of a lawyer. Remember that anything you say to the police can be used as evidence as well as anything you typed online. A good attorney can protect you from saying things that might hurt your defense and ensure that any search and seizure of your electronic devices is performed legally.
One of the most effective defenses to this offense is to show that you acted in good faith and honestly believed an emergency was occurring. If someone on a gaming chat or web forum said something that would make a reasonable person believe there was a real emergency, you could use this information to fight the charges. This defense will not work if there is any evidence that you knew the statements you made were baseless.
A Shocking Real-Life Example of Swatting in Vista
Falsely reporting an emergency is an unfortunately common occurrence in high schools. It is often done by students as a prank on rival schools or as a way to get out of an upcoming test. What’s not common is for a staffer to be the one who called emergency services.
In 2023 though, a staff member at Rancho Bueno Vista High School did exactly that. Alma Cacho was accused of using an app on her phone to disguise her location before making a false threat at the school. She was caught and charged with making a false report of an emergency.
If you are in Vista and have been accused of swatting or a related computer crime such as doxing, hacking, or online stalking, contact an attorney as soon as possible. You can schedule a free initial consultation with Peter M. Liss by calling (760) 643-4050 or (858) 486-3024.
Related Article: Minors are a lot better off doorbell ditching than reporting false crimes, but this activity could still be a crime in some cases.
