Swatting Is Now a Felony in Florida—Here’s What That Means

You may have heard of the term "swatting" used in the context of a prank call. But under Florida’s updated criminal statutes, this so-called prank can now land someone in prison for years. As a Florida criminal defense attorney, I have seen firsthand how quickly a joke can turn into a felony arrest. If you or someone you care about has been accused of swatting, you need to take this seriously—and you need private legal representation right away.

Florida recently revised its laws to address the rise in false emergency calls that lead to a massive police response, often involving SWAT teams or armed officers. These incidents aren’t just a misuse of emergency services—they’re now ranked alongside violent crimes.

Let me walk you through how the law works, what penalties you could face, and how I can help you fight the charge before it ruins your future.

Florida Swatting Defense Attorney – Understanding the New Law

Florida lawmakers passed Senate Bill 718, now codified in Section 817.49 of the Florida Statutes, to treat false reports involving swatting as felonies. Here’s what the updated statute says:

Florida Statutes § 817.49 – False reports to law enforcement authorities

“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, knowing such information or report to be false, commits a misdemeanor of the first degree…”

“If the false information or report concerns the use of a firearm, the placement or planting of a bomb, or involves the activation of a SWAT team or other tactical response by law enforcement… the offense is a felony of the second degree.”

This change significantly enhances the penalties for anyone accused of triggering a tactical law enforcement response under false pretenses. That includes fake hostage situations, bomb threats, or active shooter scenarios. Even if no one is physically injured, you could be facing years in prison.

Why Swatting Is Treated Like a Violent Crime in Florida

The legislature made its intent clear: swatting is not a joke. Officers have been injured responding to false reports, and innocent people have died when police believed they were walking into a life-threatening situation.

Under this new law, swatting is now treated similarly to crimes such as aggravated assault with a deadly weapon. In some cases, prosecutors may even add additional charges if the swatting incident leads to injury, death, or property damage.

If someone is hurt during the police response—whether it’s a suspect, officer, or bystander—charges can escalate to first-degree felonies. That’s how quickly a prank turns into a life-altering event. You need a defense attorney who understands the complexity of the law and knows how to dismantle a case before it gains momentum.

Penalties for Swatting in Florida Are Life-Changing

Let’s look at how the penalties stack up under Florida law:

  • Misdemeanor of the first degree for simple false reports not involving tactical response:
    Punishable by up to 1 year in jail and a $1,000 fine.

  • Felony of the second degree for swatting incidents (involving tactical teams, bomb threats, firearms):
    Up to 15 years in prison and a $10,000 fine.

  • Felony of the first degree if death results from the swatting call:
    Up to 30 years in prison or possibly life depending on other factors.

And that’s just the criminal side. You may also be on the hook financially. The law allows the court to order full restitution to cover the costs of emergency response, equipment deployment, and even emotional trauma suffered by those affected.

You need someone who can start building your defense from the moment charges are filed. You don’t want to walk into a felony courtroom alone.

Real Case Example – False 911 Call Almost Ruined a Teen’s Life

One of the most memorable cases I handled involved a 17-year-old high school student in Central Florida. He and a group of friends were playing online games when one of them thought it would be funny to fake a call to police about a hostage situation at the teen’s home. Within minutes, a SWAT team surrounded the house.

The teen was arrested and charged under § 817.49, facing up to 15 years in prison.

After being hired, I immediately obtained the call records and digital evidence. We uncovered that the call did not originate from my client’s device and that he had no intent to deceive law enforcement. Working closely with a digital forensic analyst, we proved he had been unaware of the prank and was not part of initiating it.

We filed a motion to dismiss the charges. The prosecutor eventually agreed to drop all felony counts after seeing the lack of intent and the evidence we presented. This young man is now in college, and his record was sealed.

This case is a perfect example of how quickly things can escalate—and how critical it is to have a private attorney who can act fast and investigate thoroughly.

Common Defenses to a Swatting Charge in Florida

If you're facing charges under Florida’s new swatting law, there are several legal strategies that may apply to your case:

Lack of Intent

The statute requires that the false report be made “willfully” and “knowingly.” If the prosecution cannot prove that you knew the report was false or that you intended to trigger a tactical response, the charge can fall apart.

Mistaken Identity

With so many incidents involving online gaming and IP spoofing, it’s not unusual for law enforcement to arrest the wrong person based on weak digital evidence. We can challenge those assumptions and present evidence that you were not the source.

No Tactical Response

If law enforcement did not activate a SWAT team or equivalent tactical unit, you may only be charged with a misdemeanor—not a felony. This distinction matters significantly when negotiating for lesser charges.

First Amendment Protection

Some cases involve statements that are exaggerated or misunderstood. If your words were taken out of context or interpreted as a threat when they were not intended that way, there may be grounds for a dismissal based on free speech protections.

How a Private Attorney Can Change the Course of Your Case

The sooner you hire a private defense attorney, the sooner we can:

  • Preserve critical evidence (call logs, IP data, surveillance)

  • Interview witnesses before their memories fade

  • Challenge vague or incomplete arrest affidavits

  • Negotiate with prosecutors for charge reductions or diversion programs

  • Protect your rights during every step of the process

Public defenders are often overwhelmed with caseloads. I don’t say that to diminish their work—but when your freedom is on the line, you need someone who can dedicate time and resources to uncover every detail that could lead to dismissal or reduced sentencing.

Related Florida Statutes That May Be Involved

In addition to § 817.49, prosecutors may add related charges based on how the situation unfolds:

  • Florida Statutes § 790.163 – False reports concerning planting of a bomb (felony of the second degree)

  • Florida Statutes § 784.048 – Cyberstalking, if the swatting is part of harassment

  • Florida Statutes § 836.10 – Written threats to kill or injure, often used if the call involved violent speech

  • Florida Statutes § 775.21 – If minors are targeted or harmed, certain enhancements may apply

Each of these statutes can add years to a potential sentence. That’s why early defense work is so critical. I can often stop a felony filing in its tracks if I intervene early enough with solid counter-evidence and legal argument.

Florida Swatting Defense Frequently Asked Questions

What is the legal definition of swatting in Florida?
Swatting occurs when someone knowingly makes a false emergency report that causes law enforcement to deploy tactical units such as a SWAT team. The core issue is intent. Under Florida Statutes § 817.49, this is now considered a felony offense when a tactical response is activated or when threats of serious violence or bomb use are falsely reported.

Can I be charged if someone else made the 911 call from my phone?
Yes, but the prosecution still has to prove that you were the person who made the call or orchestrated it. We often see cases where a friend, roommate, or even a hacker uses someone else’s device. In these situations, forensic evidence and witness statements are critical in your defense.

What happens if someone was injured during the swatting incident?
The charges become far more serious. If any injury occurs—whether to an officer, a neighbor, or someone in the targeted location—the case may escalate to a first-degree felony. In the most tragic cases, if someone dies, you could face manslaughter or felony murder charges, depending on the facts.

Is there a way to resolve a swatting charge without going to prison?
Yes, in many cases. If you have no criminal history and there was no harm done, we may be able to negotiate for a reduction in charges or get you into a diversion program. Every case is unique. I evaluate every angle to determine what path offers the best outcome while protecting your record and freedom.

Will I have to pay for the police response?
You might. Florida law allows courts to order restitution for the cost of the emergency response. This can include police manpower, equipment, and even psychological support services. Having an attorney who can fight both the criminal case and the restitution order is key to limiting the damage.

Can juveniles be charged under Florida’s swatting law?
Yes. Minors can be charged and prosecuted, and we’re seeing more teens arrested for swatting in the context of online gaming. Although juvenile court may offer more leniency, the consequences can still include detention, a criminal record, and school expulsion. You need an attorney who understands how to handle juvenile and adult court dynamics.

Call Our Florida Swatting Defense Attorney for a Free Consultation Now

If you’re being investigated or have already been arrested under Florida’s new swatting law, the decisions you make right now could determine whether you go to prison or walk away with your freedom intact. This isn’t the time to wait and see what happens. I can help you take action immediately.

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

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 over 30 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.