Georgia lawmakers plan to make swatting a felony after string of Christmas incidents
Lawmakers want stricter penalties for swatting calls
At least six swatting attempts were made across Georgia over the holidays, including Clint Dixon, Marjorie Taylor Greene, Kim Jackson and others. Swatting is when someone calls 911 reporting a dire emergency that doesn't actually exist. Now, there are proposals to make the act of swatting a felony.
ATLANTA - On Christmas night, State Sen. Clint Dixon, R-Gwinnett County, said he and his wife had just said goodbye to their in-laws when he heard his wife panicking in the other room.
"The kids were playing with their new toys from Santa, and she started yelling pretty loudly that the police were running up the front steps," Dixon told FOX 5.
They had gotten a call that something was terribly wrong in Dixon's house. They approached, rifles in hand.
"A male shot a female and there was a hostage situation," they told him. "And of course, my response was, 'Well what house in the neighborhood?' And they said here."
He said it didn't take long for them to realize it was a hoax call, and they were already aware it was his house on the way over.
"Luckily for me and my family, we knew the officers," he said. "If we had not, and I had not answered the door the way I did, it could’ve turned deadly, or someone could’ve gotten seriously hurt."
That's why he plans to introduce a bill to make the first offense of swatting a felony. As it stands right now, it's a misdemeanor if no one gets hurt.
"It’s not a left or right issue," he said. "We’ve got to elevate this to a more serious crime and put it into it."
Dixon said the day after Christmas, someone called a bomb threat to the home as his 76-year-old mother dogsat.
He plans to meet with Lt. Gov. Burt Jones on Wednesday to begin working on the legislation.
The GBI said its cybercrimes lab was working to track down the individual or individuals responsible.
Who has been targeted by swatting in Georgia?
U.S. Rep. Marjorie Taylor Greene, R-Georgia, reported she was swatted on Christmas morning.
The next day, Georgia Lt. Gov. Burt Jones reported a bomb threat and a swatting call the following day.
Sources say Senators John Albers (R-Alpharetta), Kim Jackson (D-Pine Lake), Kay Kirkpatrick (R-Marietta) and Clint Dixon (R-Buford) were also targeted on the holiday.
What is the law when it comes to swatting?
A person who makes a swatting call can be charged with an unlawful request for emergency services assistance. The charge initially is a "misdemeanor of a high and aggravated nature," according to the Georgia statutes, unless it interferes with "critical infrastructure." Then it becomes a felony punishable by incarceration for no less than 5 years and no more than 10 years, a $100,000 fine, or both.
A person who is convicted for a second time faces no less than 5 to no more than 10 years in prison, a $5,000 fine, or both.
If serious bodily injury or death results due to a false call, an additional punishment of one to 10 years in prison, a $5,000 fine, or both could also be added.
In addition, a judge is allowed to order restitution to be paid to any victims.
Compounding charges may also apply depending on the circumstance of the nature of the swatting incident.
What do the federal laws say about swatting?
As with Georgia’s laws, swatting is illegal at the federal level. In addition, compounding factors determine what a person convicted of a swatting call may face as a punishment.
The court will take into consideration different factors such as how the threat was transmitted, who was the target of the threat, what false threat was made, and what happened during the response.
Typically, reporting a false crime can carry up to five years in prison on its own. Implying the use of explosives could net up to 10 years in prison. If there was serious bodily harm, a prankster could spend up to 20 years in prison and if death occurs, they could face life in prison.