I know folks smarter than I read this forum. Legislation against swatting ... seems to be every bit as defensible as legislating against 'pranks' such as dropping a water-filled bucket on someone's head.  


Monday morning quarterbacking could (easily) identify swatting as having been the proximate cause of 'a tragedy,' but absent appropriate legislation, there might be no accountability.  But, I'm no lawyer ...

Here's a starting point for new legislation for consideration.  Corrections/improvements are welcome, and might turn out to be 'grist for the mill' for some of the forums' readers that are closer to VCDL than I.



I view the above as a baseline.  If the swatted report results in the death/injury of responders and bystanders (even if resulting from a T/A while responding to what turns out to have been swatting) or the death/injury of the targeted person, I'd hope that such legislation would ratchet upwards with respect to penalties.  Like a Class 1 Class 3 or 2 felony if someone dies.

(Edited to change the title, after reading an Update item (see below) implying that VCDL will not seek a well-defined legislative protection for lawfully armed citizens from swatters ... whose false reports currently seem to merit simply a 'tsk, tsk ... don't do that again'. I fixed the felony class reference while I was at it. As I said.  IANAL. <g>)

I like the idea. It might also fit well as an enhanced penalty  for 18.2-462 False Report to Police. I could see it being a Class 5/6 Felony, with upgrade to Class 2/3 Felony if someone is seriously injured or dies. I doubt they'd go for Class 1, which is Capital Murder. But your point is very well made.


§ 18.2-461. Falsely summoning or giving false reports to law-enforcement officials.

It shall be unlawful for any person (i) to knowingly give a false report as to the commission of any crime to any law-enforcement official with intent to mislead, or (ii) without just cause and with intent to interfere with the operations of any law-enforcement official, to call or summon any law-enforcement official by telephone or other means, including engagement or activation of an automatic emergency alarm. Violation of the provisions of this section shall be punishable as a Class 1 misdemeanor.

(Code 1950, § 18.1-401; 1960, c. 358; 1975, cc. 14, 15; 1996, cc. 753, 815.)

The above item, from the "VA-ALERT: VCDL Update 11/12/14," seems like an apologist's justification that no action is needed.  I am curious whether the VCDL Legal Advisory Committee "seems to agree" that absent death or injury, there is little consequence to a swatter ... such as an otherwise demure soccer mom, who decided to try this game out to 'punish' a lawful citizen.

Doesn't swatting merit the same legislative status as 'dropping a bucket of water on someone's head'?  In my experience, neither magistrate nor Commonwealth Attorney -- and certainly the police, as demonstrated by the "7-11 robbery report" that resulted in the current discussion -- should be expected to creatively prosecute and successfully convict a swatter.  There is nothing to be gained from attempting to establish accountability from their perspective, all the more so if it's a Brady-Bunch-style swatter.  

Absent clear legislation prohibiting the behavior, how can one be sure that the responsible a$$hat is identified and sanctioned?  If an individual lawfully carrying a firearm is inconvenienced or, more likely, 'terrorized' (by the encounter with responding LEOs, whose training predisposes such encounters to tragic endings), and/or angered ... how is the guilty party held to account? Will VCDL’s Legal Advisory Committee undertake some magical actions?  You know, to get the 'perhaps crime' charged, starting a long and rocky journey that might eventually lead to the adjudication that 'something criminal' did indeed transpire?

When someone tells me about something that "could" happen, I'm forced to recall the immortal words of Wayne:

























Call me jaundiced.  Fine.  This is likely true.

Accuse me of not understanding the law.  Fine ... this is certainly true.

But don't pi$$ on my leg and tell me it's raining.  A swatter will be creatively charged, arrested, and prosecuted ... especially here in NoVa?  Yeah.  And monkeys might fly out of my butt.

never pass more laws unless absolutely necessary

there are a multitude of existing laws that could be used to prosecute these people. if they are not being charged, action needs to be targeted at the law enforcement agencies and CA to impress the necessity of punishing these crimes

the legislature is not a problem solver, in fact it is usually a problem maker

+2.  VCDL should not venture from helping pass better firearm laws.