Swatting in Texas | Fake Emergency Calls

What is Swatting in Texas?

Swatting refers to the act of making a false report about a crime or emergency with the intent of provoking a substantial police response, often involving a SWAT team, at a specific location where no real emergency exists. According to the Federal Bureau of Investigation, there are an estimated 400 swatting cases each year.

This dangerous trend has become increasingly popular, particularly among online gamers. Officials note that perpetrators often use caller ID spoofing or other methods to make their numbers appear local, or they call non-emergency numbers instead of 911 to avoid detection. Typically, these calls involve claims of severe situations like killings or hostage scenarios to ensure a large police presence.

In Texas, swatting is addressed under Texas Penal Code Section 42.061, “Silent or Abusive Calls to 9-1-1 Service,” and Section 42.0601, “False Report to Induce Emergency Response.” These laws criminalize the act of intentionally making false emergency calls, with severe legal consequences including potential jail time and fines.

In this article, the criminal defense attorneys at Varghese Summersett delve into the laws and consequences of swatting in Texas, providing expert insight into this serious offense.

Texas Swatting Statutes

Making prank calls to 911 to get police to react to a non-emergency – called “swatting” –  has gained popularity over the past few years, but is no laughing matter. Pranksters who dial 911 when there is no real emergency and then hang up, stay silent, or make a bogus request, outlandish statement or plea for help risk getting arrested.

Pranking or swatting police is not something law enforcement find amusing, since it could prevent people with real emergencies from getting through or getting help. Although the 911 system tracks callers, many cybercriminals call with a spoofed number. Here’s the two statutes that criminalize this behavior in Texas.

• False Report to Induce an Emergency Response

Under Section 42.0601 of the Texas Penal Code, a person commits an offense if he or she

• makes a report of a criminal offense or an emergency or causes a report of a criminal offense or an emergency to be made to a peace officer, law enforcement agency, 9-1-1 service, official or volunteer agency organized to deal with emergencies, or any other governmental employee or contractor who is authorized to receive reports of a criminal offense or emergency;
• the person knows that the report is false;
• the report causes an emergency response from a law enforcement agency or other emergency responder; and
• in making the report or causing the report to be made, the person is reckless with regard to whether the emergency response by a law enforcement agency or other emergency responder may directly result in bodily injury to another person.

Making a false report to induce an emergency response is a generally a Class A misdemeanor punishable by up to a year in jail and maximum $4000 fine. The punishment is increased to a state jail felony, punishable by six months to two years in state jail, if the defendant has been previously convicted twice of the offense. The punishment is a third-degree felony, punishable by two to 10 years in prison, if a person is seriously injured or killed as a result of the emergency response.

• Silent or Abusive Calls to 9-1-1 Service

Under Section 42.061 of the Texas Penal code, a person commits the offense of making a silent or abusive call to 9-1-1 service, if he or she calls 911 when there is not an emergency and knowingly or intentionally:

• Remains silent; or
• Makes abusive or harassing statements to an employee at a “Public Safety Answering Point” – a communications facility tasked with receiving 911 calls and dispatching emergency services.

A person also commits the offense if they knowingly permit another person to use their phone or communications device to make a silent or abusive call to 911.

Making silent or abusive calls to 911 is a Class B misdemeanor, punishable by up to six months in jail and a $2,000 fine. A court can also order a defendant to make restitution or reimburse the cost of the emergency response.

Recent Examples of Swatting in Texas

Here are some examples of swatting incidents that occurred in Texas, illustrating the dangerous and disruptive nature of these false reports:

1. Texas Attorney General Ken Paxton’s Home Targeted:
   On New Year’s Day 2024, Texas Attorney General Ken Paxton’s home in McKinney was the target of a swatting incident. A false report was made to 911, claiming a life-threatening situation at the residence. Fortunately, Paxton and his wife, Senator Angela Paxton, were not home at the time. The incident involved a significant response from local police and fire departments.
2. Austin Independent School District Schools Affected:
   On October 25, 2023, six schools within the Austin Independent School District were placed in “Secure” status due to a swatting incident. The false threat led to a substantial police response. The schools affected included Austin High School, O. Henry Middle School, Kealing Middle School, Rosedale School, Hill Elementary School, and Casis Elementary School. The situation was resolved by mid-morning when the “Secure” status was lifted.
3. False Mass Shooting Report in Robinson:
   On April 1, 2024, a swatting call falsely reported a mass shooting in Robinson, Texas. This incident was identified as part of a broader scheme involving similar false reports. The local police investigated the incident, which caused unnecessary panic and resource allocation.
4. Prank Call Leads to Handcuffing of Innocent Man in Spring, Texas:
   On April 10, 2024, a prank call to a suicide hotline led to a swatting incident in Spring, Texas. The caller falsely claimed he was suicidal and about to murder his family, using the name Troy Taylor. This resulted in the police handcuffing an innocent man, demonstrating the severe consequences of such prank calls.
5. Swatting Incident in Bryan, Texas:
   A recent swatting incident occurred in Bryan, Texas, where a false call led to a significant police response, believing a man had shot his wife. This incident highlighted the dangers associated with swatting, as it not only wastes resources but also poses risks to both law enforcement personnel and the public.

Charged with Swatting in North Texas? Contact us.

If you or a loved one is facing charges stemming from a bogus 911 call or false emergency report, call us today for a complimentary strategy session. Our law firm is made up of experienced attorneys who focus on criminal defense matters at the state and federal levels. Collectively, our lawyers bring together more than 100 years of criminal law experience, have tried more than 700 jury trials, and include four Board Certified Criminal Law Specialists.

During this call we will:

• Discuss the facts of your case;
• Discuss the legal issues involved, including the direct and collateral consequences of the allegation;
• Discuss the defenses that apply to your plan and, in general terms, discuss our approach to your case.

Call: (817) 203-2220