Swatting is a serious and increasingly common criminal offense in Florida and across the United States. It involves making a false report of a dangerous situation, such as an active shooter, bomb threat, or hostage scenario, with the intent to trigger an emergency law enforcement response, often by a SWAT team. These hoaxes not only waste law enforcement resources but can lead to serious injury or death of innocent people.
Florida lawmakers have cracked down on swatting in recent years. Under current Florida law, anyone convicted of knowingly making a false report that prompts a substantial emergency response may face significant criminal penalties, including felony charges, prison time, and financial restitution for the emergency services deployed. If someone is harmed or killed as a result of a swatting incident, the penalties increase dramatically.
Melbourne Swatting Defense Lawyer
If you or someone you know has been accused of swatting in Brevard County or surrounding counties, you need experienced legal representation immediately. Mark Germain at Germain Legal defends clients accused of serious cyber and communication related crimes throughout Florida.
Germain Legal serves clients in Brevard County, Indian River County, Volusia County, Osceola County, and surrounding cities including Melbourne, Palm Bay, Titusville, Vero Beach, Deltona, Daytona Beach, Port Orange, Kissimmee, and Poinciana.
Call (321) 775-3559 today or submit your case information through our secure online form.
Overview of Swatting in Florida
What Is Swatting Under Florida Law?
Swatting is typically prosecuted under Florida Statutes § 817.49, which criminalizes the act of making false reports to law enforcement or emergency personnel. The law makes it a crime to willfully provide false information to authorities that causes law enforcement to respond unnecessarily.
If the false report results in serious disruption of public services or causes injury or death, the offense may be charged as a third-degree felony or higher, depending on the consequences. In recent years, Florida has seen several high-profile swatting incidents, prompting increased law enforcement attention and legislative action.
HB 279, recently passed on July 1st, 2025, strengthens Florida’s laws against swatting. The law makes swatting a second‑degree felony when it results in deployment of a tactical unit, with penalties up to 15 years in prison, alongside mandatory restitution to reimburse public agencies for response costs. Due to the recency of the law, Florida law enforcement will be aggressively pursuing swatting cases, which could lead to devastating new consequences for those charged.
Swatting Cases Often Involve:
- Anonymous phone calls to 911 alleging violent crimes or imminent danger.
- Use of technology to mask caller ID or location, such as VPNs or spoofing apps.
- Targeting individuals out of revenge, online feuds, or for internet notoriety.
- False reports involving schools, celebrities, content creators, political figures, or private residences.
Even if the call was intended as a joke, law enforcement treats these incidents as serious threats to public safety.
A recent trend in swatting cases involve the swatting of Live Streamers and other Content Creators. This usually occurs while the content creator is currently broadcasting live, and a fan is able to uncover their address, then sends a false report to law enforcement. Streams have often become targets for swatting incidents, due to the potential virality of the incident occurring live on camera, which has motivated people to make these false reports against them.
Penalties for Swatting in Florida
Swatting penalties can vary significantly based on the outcome of the false report:
- Basic False Report to Law Enforcement: A first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.
- False Report Causing Emergency Response (Swatting): A third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.
- False Report Resulting in Injury or Death: Can be prosecuted as a second-degree or even first-degree felony, carrying 15 years to life in prison.
- Restitution: Courts may order defendants to pay back the full cost of the emergency response, including SWAT deployment, EMS, and police hours.
Building a Defense Against Swatting Charges
Swatting cases are often built on digital evidence, but proving intent and identity beyond a reasonable doubt can be difficult. Depending on the facts of your case, several legal defenses may apply. A skilled defense attorney can evaluate the evidence and work to suppress unreliable or circumstantial claims. Below are several common defenses used in swatting cases in Florida, each explained in greater depth:
Mistaken Identity – Swatting often involves the use of spoofed phone numbers, VPNs, or unsecured networks, making it easy for someone to appear as though they are calling from your phone or IP address. For example, imagine a situation where your neighbor uses your home Wi-Fi to make an anonymous VoIP call reporting a hostage situation at a nearby school. If the call is traced to your router’s IP address, law enforcement may incorrectly suspect you as the caller. A strong defense would include forensic analysis of devices and internet logs to show that someone else exploited your network or device.
Lack of Intent – The prosecution must prove that the defendant knowingly and willfully made a false report with the intent to cause an emergency response. Suppose a teenager calls 911 as a joke claiming that their friend has a “huge stash of fireworks,” not realizing that the call would trigger a full-scale police response and evacuation. If the defense can show that the person did not reasonably expect the claim to escalate into a SWAT deployment, it may negate the intent element of the offense.
Insufficient Evidence – Swatting investigations rely heavily on digital evidence, including phone records, IP addresses, call transcripts, and sometimes online chat logs. But this evidence isn’t always clear or definitive. If the only link to the swatting incident is a shared network or unprotected router, it may be difficult to conclusively prove that the defendant was the one who placed the call.
First Amendment Misapplication – In some cases, prosecutors may overreach by treating ambiguous or satirical online statements as criminal threats. For instance, if someone made a joke in a group chat or livestream saying, “Someone should call the cops on this guy,” and someone else actually did it, the person making the comment might be accused of incitement. However, such vague or unserious remarks may be protected under the First Amendment, especially if the speaker did not encourage or direct any specific illegal action.
This defense is nuanced and depends heavily on the context, tone, and timing of the communication. If intent to provoke an emergency response cannot be clearly shown, the statement may not rise to the level of criminal swatting.
Additional Resources
Teen from Syracuse accused of ‘swatting’ Fortnite player from Florida – Read a News Article about a recent Swatting Case in Florida.
HB 279 – Read about a recent bill passed in Florida to crack down on Swatting by making it a second degree if they knowingly make a false report that results in a response from a SWAT team.
Swatting Defense Attorney in Brevard County
Swatting is not a prank, it’s a criminal accusation that can destroy reputations, careers, and futures. If you are under investigation or have been arrested for swatting in Florida, don’t face the legal system alone.
Germain Legal offers aggressive defense strategies for clients in Brevard, Indian River, Volusia, and Osceola counties. We will fight to protect your rights, challenge the evidence, and work toward the most favorable outcome possible.
Call Germain Legal today at (321) 775-3559 or submit your information using our online form for a confidential case review.
