Florida’s July 1, 2025 Law Increases Penalties for Swatting. Here’s How We Defend You and Why You Need a Private Criminal Defense Attorney

As Florida criminal defense lawyers, we’ve seen how quickly an accusation of false reporting, especially swatting, can destroy someone’s life. These are not minor pranks. Prosecutors and law enforcement treat these calls as serious threats to public safety, and the law now backs them up with new, harsher penalties. If you or a loved one is facing swatting charges in Florida, you need to understand what you’re up against—and why working with a private defense lawyer gives you the best chance of avoiding jail time, fines, and a permanent criminal record.

We’ve helped clients beat swatting allegations even when the evidence looked overwhelming. Our experience in courtrooms across Florida has taught us what works and what doesn’t when it comes to these serious accusations. With recent legislative updates, including key changes to Florida’s criminal statutes effective July 1, 2025, it’s more important than ever to act quickly and with the right legal defense.

What Is Swatting Under Florida Law?

Swatting is the act of intentionally making a false report to law enforcement in order to prompt a response—often from a SWAT team—to a location where no actual threat exists. These calls often involve claims of active shooters, hostage situations, or bomb threats. The term itself comes from the idea of triggering a SWAT response. Even if no one is physically hurt, the potential consequences are severe.

Under Florida Statutes § 817.49, false reports to law enforcement are a crime. The statute reads:

“Whoever willfully imparts, conveys, or causes to be imparted or conveyed to any law enforcement officer false information or reports concerning the alleged commission of any crime under Florida law, knowing the information or report to be false, commits a misdemeanor of the first degree…”

However, that’s just the beginning.

As of July 1, 2025, the Florida legislature amended this law to create enhanced felony penalties for swatting. Now codified under Florida Statutes § 817.49(2), the following new text has been added:

“Any person who knowingly makes a false report that results in a law enforcement response involving tactical units or specialized emergency response teams shall be guilty of a felony of the third degree…”

If bodily injury occurs as a result of the swatting call, the offense is enhanced to a felony of the second degree, and if someone is killed, even indirectly, it is now prosecuted as a felony of the first degree with potential life imprisonment.

This means a single phone call—or a spoofed email or anonymous text message—can lead to years in prison. Even juveniles can be charged as adults under certain circumstances.

Why Swatting Is Prosecuted So Aggressively

We’ve seen prosecutors push hard on these cases because of the public safety implications. Swatting not only ties up emergency response teams, it places officers and innocent people in potentially lethal situations. Officers responding to these calls believe they’re walking into active threats. When they arrive with guns drawn, the possibility for tragedy is very real.

The law enforcement response is expensive and dangerous. The state is often more concerned with making an example than getting the facts right. That’s where we come in. As private criminal defense attorneys, we know how to control the narrative, challenge faulty evidence, and keep your case from getting swept up in the politics of prosecution.

Real Case Example – Dismissed Before Trial

One of our clients, a 19-year-old college student from Tampa, was accused of placing a false 911 call reporting an active shooter at a professor’s home. The allegation stemmed from a dispute in an online gaming community. Law enforcement traced the call back to our client’s IP address.

The prosecution was quick to file charges under § 817.49, enhanced due to the SWAT response. But we didn’t let the state run with their theory unchecked.

We subpoenaed ISP records and digital forensic logs and uncovered evidence that the IP address had been spoofed. Our client had no technical ability to make the kind of masked call the state alleged. He had no criminal history, and we gathered affidavits from multiple witnesses confirming his alibi.

We also presented the state with evidence that another individual in the gaming community had made similar threats in the past. Once we laid this foundation, the charges were quietly dropped before trial. Our client’s record was sealed.

That result would not have been possible with a court-appointed lawyer working under pressure from an overburdened public defender system. The difference was in how we investigated, filed aggressive motions, and knew how to build leverage against the state’s case.

Legal Defenses to Swatting Charges in Florida

There are several key defenses we use to fight swatting allegations. Every case is different, but these are some of the strategies we’ve found effective:

Lack of Intent
The statute requires the state to prove that you knowingly made a false report. We’ve defended cases where clients were mistaken, confused, or even manipulated by others into thinking a threat was real. Without clear evidence of intent to deceive, the state’s case becomes weak.

Spoofing and Hacking
We've handled cases where a defendant’s phone number or IP address was spoofed by someone else. If we can show that your devices were hijacked, or that someone else accessed your accounts, the state will struggle to prove you were the actual caller.

No Actual Emergency Response
If law enforcement did not deploy a tactical or SWAT team, the enhanced felony charges under the 2025 amendment might not apply. That gives us room to negotiate down to a misdemeanor or dismissal.

Lack of Probable Cause
We may also challenge the admissibility of digital evidence, especially when law enforcement oversteps during searches or relies on vague IP matching without confirming actual user access.

Constitutional Violations
If your rights were violated during arrest, interrogation, or the collection of evidence, we’ll file motions to suppress that evidence, forcing the prosecution to build their case without key materials.

We build every defense from the ground up, using private investigators and digital forensics teams when necessary. Our goal is to dismantle the state’s case before it reaches a jury.

The Importance of Hiring a Private Florida Criminal Defense Lawyer

Swatting charges move fast. Law enforcement works with cybercrime units, local police, and federal agencies. The moment you’re under investigation, prosecutors are building a narrative that puts you at the center of it all. If you wait too long to hire a private defense attorney, your options start closing.

Public defenders, while often dedicated professionals, simply don’t have the time or resources to match the prosecution in these complex digital cases. You need someone who can act quickly, secure exculpatory evidence, and push back on flawed digital forensics.

We work to keep you out of jail, protect your record, and defend your future. These charges are serious, but with the right defense, they’re also beatable.

Related Florida Statutes That May Be Charged Alongside Swatting

Swatting cases often include additional charges, such as:

  • F.S. § 836.10 – Written threats to kill or do bodily harm
    This statute criminalizes online threats and is often added when a swatting message includes violent language.

  • F.S. § 934.03 – Interception and unlawful use of communications
    If the swatting involves unauthorized access to phone systems or spoofing software, additional felony charges under Florida’s cybercrime laws may apply.

  • F.S. § 843.0855 – False personation of law enforcement officers
    In some cases, swatting suspects impersonate officers to bolster their false claims. That’s a separate third-degree felony.

We examine every possible angle to reduce or eliminate stacking of these charges, and we often succeed at reducing felonies to misdemeanors or getting them dismissed altogether.

Florida Swatting Defense FAQs

What does Florida consider a “swatting” call under the law?

Florida defines swatting as knowingly making a false report that leads law enforcement to believe an emergency is occurring, prompting the deployment of a SWAT team or similar tactical response. Under Florida Statute § 817.49, this now includes specific felony enhancements for cases involving injury or death. The caller must have known the report was false at the time it was made.

Can I be charged even if no one was hurt in the swatting incident?

Yes, absolutely. Injury or death can elevate the charge, but even if no harm occurred, the false report itself may be charged as a third-degree felony under the 2025 changes to the law. The act of prompting a tactical response is enough to bring serious charges, regardless of the outcome.

What are the penalties for swatting in Florida?

If the swatting causes a tactical response but no injuries, you face a third-degree felony, punishable by up to 5 years in prison. If someone is injured during the response, it becomes a second-degree felony with up to 15 years. If someone dies, you could be charged with a first-degree felony and face up to life imprisonment.

How can a private criminal defense attorney help fight these charges?

A private attorney has the resources and flexibility to investigate, gather expert testimony, challenge evidence, and file strategic motions quickly. We can often uncover flaws in the prosecution’s digital evidence or show that someone else was responsible for the false report. These cases are too complex to rely on overworked public defenders.

Can I be arrested for swatting even if I was joking?

Intent matters. If the state believes you knew the report was false and intended it to trigger a police response, you can be arrested even if you thought it was a prank. Florida’s courts have little tolerance for “jokes” that create real risks for others. We’ve handled cases where clients were shocked to be arrested over what they saw as harmless fun.

Is swatting a state or federal offense?

It can be both. Florida prosecutes swatting under its state statutes, especially with the July 1, 2025 updates. However, in serious cases, especially those involving threats over interstate communication systems or injuries, federal charges may also apply under 18 U.S.C. § 1038 or other federal anti-terrorism laws.

What if I was accused but didn’t make the call?

False accusations happen. We’ve seen cases where digital fingerprints were faked, devices were borrowed, or someone impersonated the accused online. Our job is to prove your innocence with digital evidence, alibis, and forensic experts. Accusations don’t equal guilt—and we work to make that clear to prosecutors and judges.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you or someone you care about is facing swatting charges under Florida law—especially with the harsh new penalties in place as of July 1, 2025—you need a powerful legal defense built on experience, speed, and strategy. We’ve successfully defended clients in serious false reporting cases across the state, and we’re ready to fight for you.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.