Minnesota lawmakers propose stiffer penalties for "swatting"

New bill aims to end Minnesota's dangerous "swatting" problem

SAINT PAUL — Minnesota lawmakers are considering increasing the penalties for "swatting"—when someone reports a fake emergency, sending police and first responders to a location as a prank or form of harassment. 

Under current law, swatting is already a felony if doing so results in a serious injury. But simply making that call is a gross misdemeanor. House Minority Leader Lisa Demuth, R-Cold Spring, introduced legislation boosting it to a felony-level offense if the victim is an elected official, judge, prosecutor, correctional facility worker or peace officer.

It comes as these incidents have made local and national headlines in recent months. Schools, community centers and places of worship have been targets. Earlier this year, U.S. Rep. Tom Emmer said someone falsely reported a "possible homicide and hostage situation" at his home in Delano, sending authorities there to respond. 

Dozens of other public officials have also become victims. 

"It puts those first responders at risk. It puts anyone that may be in that home at risk," said Demuth during recent testimony during a state House committee."We also know that swatting would divert our first responders, our law enforcement and emergency personnel away from what could be a true incident so we want to increase this—but it will be very narrowly focused."

Washington County Sheriff Dan Starry said in an interview with WCCO on Friday that law enforcement takes any call seriously and treats any reported threat—of a mass shooter, presence of a bomb, hostage situation or otherwise–as credible until proven otherwise. 

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A few years ago, a man in Wichita, Kansas, was shot and killed during a swatting incident. The man who made the hoax call  was sentenced to 20 years

"A lot of people think these are just pranks and they're fun but it really isn't," Starry said. "They can be very dangerous, very deadly and can have lasting impacts on that victim as well."

If convicted under Demuth's proposal, people could face up to one year in prison and a $5,000 fine. Under current law, they could see that fine quadruple and be behind bars for a decade If the swatting incident results in serious bodily injury.

It has bipartisan support and advanced out of committee for possible inclusion in a larger public safety package lawmakers will put together before the legislative session ends in May.

"I think we need to do work to protect those who protect us and I think this is one way to do that," said Rep. Brion Curran, DFL-Vadnais Heights. 

Starry believes a tougher penalty could work as a deterrent for some people.

"I think sometimes just the fear of having a tougher law where they can go to prison may stop a person from doing it," said Starry. 

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