Teens Are Now Facing Felony Charges for “Swatting” in Florida and Here’s What You Must Understand

As a Florida criminal defense lawyer who has represented families across the state, I’ve seen how one bad decision—often made in seconds—can follow a young person for life. The new law in Florida targeting false 911 calls, often referred to as “swatting,” has serious consequences, especially for minors and teenagers. Parents need to understand that what once may have seemed like a prank is now being treated as a felony.

I want to speak directly to you as a parent or guardian, and to any young person reading this. If your child is accused of making a false 911 call or participating in a prank that triggered a law enforcement response, you are facing a legal emergency of your own. Florida is not treating these as harmless calls anymore. The law has changed, and it’s harsh.

Let’s walk through what the law says, what penalties your child could face, and how we defend these cases—because it is possible to protect your child’s future if you act quickly and wisely.

Florida’s New Law on False 911 Calls and “Swatting”

Under Florida’s newly revised criminal statutes, making a false report that triggers an emergency response can now lead to felony charges—even for a teenager. This includes:

  • Fake 911 calls

  • False bomb threats

  • Prank calls that result in SWAT team deployment or other emergency responses

The relevant statute is Florida Statutes § 817.49:

“Whoever willfully imparts, conveys, or causes to be imparted or conveyed to any person false information or reports concerning the placing or planting of any bomb, dynamite, or other deadly explosive, or concerning the use of firearms in a violent manner, under such circumstances that the report causes the evacuation of a building, place of assembly, or public transportation facility, shall be guilty of a felony of the second degree…”

A separate but related statute—§ 365.172(14)(b)—also targets false 911 calls:

“A person who knowingly makes a false report or call, which results in emergency services response, commits a misdemeanor of the first degree… If the response results in serious injury or death, the offense becomes a felony of the third or second degree, respectively.”

These laws are broad. They do not just target bomb threats or fake active shooter reports. Any false report that leads law enforcement, EMS, or fire personnel to respond urgently could qualify.

Teens and the Reality of Felony Prosecution

Let me be clear—your child could be charged as an adult in these cases. Florida law allows prosecutors to "direct file" juvenile cases into adult court for felony offenses. That includes:

  • Swatting calls that lead to evacuation or school lockdowns

  • False active shooter calls

  • Any prank that results in emergency response where someone is harmed or where law enforcement draws weapons

Even if nobody is physically injured, the fact that public resources were used based on a false report can still justify felony prosecution. Prosecutors often argue that these incidents waste public funds, endanger officers, and risk the lives of innocent people.

Penalties and Punishments Under the New Law

Here’s what your family could be facing if your child is accused under this new crackdown:

  • Second-Degree Felony: Up to 15 years in prison, $10,000 fine

  • Third-Degree Felony: Up to 5 years in prison, $5,000 fine

  • First-Degree Misdemeanor: Up to 1 year in jail

Judges also often impose:

  • Mandatory restitution (for emergency costs)

  • Probation with GPS monitoring

  • School suspensions or expulsions

  • Juvenile detention or commitment

  • Permanent record implications for scholarships or college admissions

If the case is filed in adult court, even a plea deal could leave your child with a felony conviction. That’s why working with a private defense attorney—right from the beginning—is essential.

Why Parents Must Act Immediately

When your child is facing felony charges, your entire family’s future can be disrupted. Even being accused of making a false 911 call can lead to suspension from school, social media harassment, or media exposure.

Public defenders are often overworked and have limited time to investigate. As a private defense lawyer, I move fast to:

  • Prevent adult prosecution by arguing for juvenile diversion

  • Challenge the intent element of the crime—was it truly “willful”?

  • Examine the call logs and 911 recordings for inaccuracies

  • Question whether the response was a foreseeable result of the alleged report

  • Negotiate dismissal or reduction to a civil infraction or school-based punishment

In many cases, I can have these charges reduced or dismissed before trial, especially if we act quickly and show mitigating factors such as immaturity, mental health concerns, or lack of intent.

Real Case: 15-Year-Old Accused of Swatting a Rival Gamer

I represented a 15-year-old student from Central Florida who was arrested for allegedly placing a swatting call targeting another teenager he met online through a multiplayer game. Law enforcement showed up in full tactical gear to the other boy’s house.

My client was accused of using a spoofed number to call 911 and report a hostage situation. The prosecutor wanted to charge him as an adult with a second-degree felony.

We immediately got to work. I brought in a forensic tech investigator who demonstrated that the spoofing was likely done by someone else using my client’s username, not his device. We also submitted a psychological evaluation that showed his diminished capacity to understand the consequences of the act.

The charges were dismissed after three months of negotiations and forensic analysis. He was instead referred to counseling, and we kept his juvenile record clean.

Defenses I Use in Florida Swatting Cases

Every case is different, but here are defenses I may use depending on the facts:

  • Lack of Intent: Florida’s law requires that the act be "willful" or "knowing." If the child believed the threat was real or did not mean to prompt a police response, that matters.

  • Mistaken Identity: With today’s tech, it's easy to impersonate someone. Many cases involve spoofed phone numbers or hijacked accounts.

  • No Foreseeable Harm: If the report did not reasonably appear to require emergency response, the felony classification may not apply.

  • Violation of Constitutional Rights: If police obtained confessions or digital evidence without parental presence or legal counsel, that evidence can often be excluded.

  • Overcharged Offense: In many cases, prosecutors charge more harshly than necessary. I work to reduce the charge to a misdemeanor or get the case handled in juvenile court.

Why Hiring a Private Defense Attorney Is Critical

Time matters. Evidence disappears. Witnesses forget. Prosecutors build cases quickly.

By hiring a private attorney early, you increase your odds of keeping the case in juvenile court, reducing charges, or even getting the entire case dismissed. I personally review every piece of digital evidence, police report, and witness statement. I involve digital forensic experts, psychologists, and juvenile court liaisons to protect your child’s future.

You only get one chance to protect your child from a felony record. This is it.

Frequently Asked Questions – Florida Swatting Charge Defense Lawyer

Can my child be charged with a felony for a prank 911 call in Florida?
Yes. Under Florida law, even if no one is physically hurt, a prank 911 call that causes emergency response—especially if it disrupts a school, hospital, or public space—can lead to a third- or second-degree felony charge. This applies to minors as well, and they may be prosecuted as adults depending on the severity of the incident.

Is swatting always considered a felony in Florida?
Not always. If no one is harmed and the emergency response was minimal, the case could be charged as a first-degree misdemeanor. However, most cases involving school lockdowns, evacuations, or SWAT team deployment are now treated as felonies, especially under Florida’s updated legislative priorities.

What is Florida’s definition of “false report” under § 817.49?
Florida Statutes § 817.49 defines a false report as willfully providing information about explosives or violence that causes evacuation or emergency response. The statute is aimed at discouraging hoaxes that strain public safety systems and put officers and civilians at risk.

Can a juvenile be tried as an adult in Florida for a swatting incident?
Yes. Florida is one of the few states that allows direct-file discretion for prosecutors. That means if your child is 14 or older and accused of a felony, they could be transferred into adult court without a judge's review. If charged as an adult, your child would face adult sentencing guidelines and prison exposure.

Are there alternatives to jail for first-time juvenile offenders?
Yes. If your attorney acts quickly and presents the right mitigating factors—such as no prior criminal history, mental health issues, or participation in a diversion program—prosecutors may agree to juvenile sanctions, counseling, or even pretrial intervention in lieu of conviction or incarceration.

What if my child didn’t actually make the 911 call but is accused based on username or IP address?
That’s more common than people think. Spoofed phone numbers, stolen gaming handles, and public IP addresses can all result in false identification. A private defense attorney can bring in a digital forensic expert to examine device logs, server metadata, and usage history to prove your child was not the source.

What are the financial penalties if my child is convicted?
Beyond fines of up to $10,000, courts can order restitution for the costs of emergency response—including police overtime, dispatch fees, and even school lockdown operations. Parents may also be held liable in civil court depending on the damages.

How fast should I contact a lawyer if my child is accused?
Immediately. The earlier an attorney gets involved, the better the chances of influencing whether the case is charged at all or whether it remains in juvenile court. Time-sensitive evidence like call logs, device data, and video footage can vanish within days.

Call a Florida Swatting Charge Defense Lawyer Now

Your child’s future is worth protecting. If your son or daughter has been accused of making a prank 911 call, there is no time to wait. The consequences of a swatting charge in Florida are life-changing.

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.

Don’t let a momentary lapse in judgment ruin your child’s entire future. Let’s fight this together.