Swatting is Now a Level 6 Felony in Indiana

Swatting is the term to describe the practice of making false, hoax, or malicious reports or calls to emergency services claiming there is an immediate threat to life. With a national increase in swatting incidents, Indiana legislators have enacted a new law aimed at deterring swatters and increasing the consequences for those found guilty. Swatting has now been elevated to a Level 6 felony. 

What Does Swatting Look Like in the Real World? 

Common examples of swatting include falsely reporting there is a bomb, a mass shooting, a hostage situation, a fire, or a person is armed and intends to commit a homicide. The name swatting comes from the fact that often the reported false emergency requires law enforcement agencies, particularly SWAT teams. 

Anyone can be a victim of swatting. Many politicians, places of worship, and schools have been targets, including several synagogues and even the White House. Swatting has also been a tactic used by online gamers. A particularly publicized case was an Ohio gamer swatting a fellow player, alleging a shooting and kidnapping. The swatter provided law enforcement with a false address, resulting in the death of an unrelated party. 

Which Indiana Law Applies to Swatting? 

If you’re accused of swatting, you will be charged with violating Indiana’s false reporting or providing false information that interferes with government operations under Indiana Code § 35-44.1-2-3. 

How Do These Charges Differ Under the New Law?

Historically, in Indiana, swatting was a Class A misdemeanor. The penalty for a Class A misdemeanor is a maximum of 365 days in jail and a fine of up to $5,000. With a qualified criminal defense attorney, such as those at Razumich & Associates, clients charged with a Class A misdemeanor may be eligible for a dismissal without facing jail time. 

Under Indiana’s new swatting law, swatting can be charged as a more serious crime – a Level 6 felony. The circumstances of the incident determine whether the charge is a Class A misdemeanor or a Level 6 felony. 

For the incident to rise to being a Level 6 felony now includes the following elements to be met: 

• Knowingly making a false statement or report that a person is dangerous 
• The false report leads to the dispatch of officers (referred to as causing a hindrance to the law enforcement process) or results in harm to another person 
• A reasonable person would feel terrorized, frightened, intimidated, or threatened by the statement or report

What is a Level 6 Felony in Indiana?

A Level 6 felony is the least severe type of felony in Indiana, but that doesn’t mean there aren’t significant consequences if you are found guilty. Level 6 felonies carry a fixed prison term of between 6 months and 2.5 years, accompanied by fines of up to $10,000. 

If You’re Charged with Swatting, You Need an Experienced Criminal Defense Team 

With felony charges on the table for swatting, if you’re facing swatting accusations, you need the assistance of a qualified criminal defense attorney. Having a Razumich & Associates criminal defense attorney fighting for you can make all the difference in your case. We will do everything in our power to achieve the best possible outcome for you. Call us today at 317-983-5333 or use our contact form to schedule a case evaluation.