18 U.S. Code § 1038 criminalizes intentionally providing false or misleading information regarding activities that might breach federal law. This encompasses hoaxes, bomb threats, false homicide reports, and other terroristic threats.  

Federal law prohibits intentionally conveying false information or hoaxes about federal law violations.

The penalties for violating 18 U.S. Code § 1038 are severe, serving as a deterrent for potential offenders. They can include fines and up to five years in prison, which can be increased to 20 years if serious bodily injury results, and life imprisonment if death occurs.

Convicted individuals can also be ordered to reimburse emergency services for their expenses. 

Simply put, this federal law bans intentionally providing false or misleading information regarding real, ongoing, or upcoming activities. The information must be believable. The false details must suggest an activity that could breach specific federal criminal laws, including those related to terrorism or firearms.

Numerous federal laws criminalize making false statements, especially when they cause serious harm. However, spreading false information that could incite mass panic and result in significant governmental resource expenditure is considered an especially grave offense.

Key Highlights 

• Under Title 18 U.S. Code 1038, the False Information and Hoaxes Law, it is illegal to knowingly make false or misleading statements about a major crisis, especially if those statements involve an attempt, or supposed attempt, to harm, kill, or intimidate others.
• The statute also bans anyone from sharing false information if they know it could likely cause fear and panic in others.
• Depending on the extent of the damage caused by the hoax, a conviction could result in a prison sentence ranging from 5 years to life. 

What is the Content of Section 1038?

18 U.S.C. 1038 False information and hoaxes says, "(a) Criminal Violation.—

(1) In general.—Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505(b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49, shall—

(A) be fined under this title or imprisoned not more than 5 years, or both;
(B) if serious bodily injury results, be fined under this title or imprisoned not more than 20 years, or both; and
(C) if death results, be fined under this title or imprisoned for any number of years up to life, or both.

(b) Civil Action. Reimbursement. (1) In general.—

The court, in imposing a sentence on a defendant who has been convicted of an offense under subsection (a), shall order the defendant to reimburse any state or local government, or private not-for-profit organization that provides fire or rescue service incurring expenses incident to any emergency or investigative response to that conduct, for those expenses.

(2) Liability.—
A person ordered to make reimbursement under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under this subsection for the same expenses.

(3) Civil judgment.—
An order of reimbursement under this subsection shall, for the purposes of enforcement, be treated as a civil judgment."

What Is the Law's Stance?

Title 18 U.S. Code 1038 bans individuals from performing "any conduct with intent to convey false or misleading information," which could lead others to believe that an actual emergency or catastrophe is about to happen. This clear stance of the law helps individuals understand its intent and avoid potential violations.

The law seeks to prevent panic and avoid unnecessarily distracting emergency services. It covers a broad spectrum of potential crises, and examples of false statements that are criminalized under 18 U.S.C. 1038 include, but are not limited to, the following:

• Crimes involving aircraft or motor vehicles, including laser pointing at aircraft, airport violence, and aircraft destruction.
• Crimes or threats involving biological or chemical weapons.
• Crimes or threats that involve firearms, bombs, or other explosives;
• Crimes targeting the shipping industry;
• Crimes that impact infrastructure;
• Allegations regarding the sabotage of nuclear facilities or weapons.

18 U.S.C. 1038 (a)(2) also criminalizes making false statements about the "death, injury, capture, or disappearance of a member of the Armed Forces of the United States during a war or armed conflict."

This provision exists because misinformation might cause the military to take unwarranted actions or movements. It's crucial to understand that the law covers "engaging in any conduct" aimed at conveying false or misleading information, not merely the act of spreading the information.

For instance, if you permit someone to use your social media account to disseminate rumors about a crisis, you could face charges under 18 U.S.C. 1038 even if you did not directly make the post.

Which Federal Laws are Related?

18 U.S. Code Chapter 47 Fraud and False Statements has numerous federal laws that are related to 18 U.S.C. 1038 false information and hoaxes, such as the following:

• 18 U.S.C. 1001 - false statements;
• 18 U.S.C. 1002 - possession of false papers to defraud;
• 18 U.S.C. 1003 - demands against the United States;
• 18 U.S.C. 1004 - certification of checks;
• 18 U.S.C. 1005 - bank entries, reports, and transactions;
• 18 U.S.C. 1006 - federal credit institution entries and reports;
• 18 U.S.C. 1007 - federal deposit insurance corporation transactions;
• 18 U.S.C. 1010 - department of housing and urban development;
• 18 U.S.C. 1011 - federal land bank mortgage transactions;
• 18 U.S.C. 1012 - housing and Urban Development transactions;
• 18 U.S.C. 1013 - farm loan bonds and credit bank debentures;
• 18 U.S.C. 1014 - loan and credit applications generally;
• 18 U.S.C. 1015 - naturalization, citizenship, or alien registry;
• 18 U.S.C. 1016 - acknowledgment of appearance or oath;
• 18 U.S.C. 1017 - government seals wrongfully used;
• 18 U.S.C. 1018 - official certificates or writings;
• 18 U.S.C. 1019 - certificates by consular officers;
• 18 U.S.C. 1020 - highway projects;
• 18 U.S.C. 1021 - title records;
• 18 U.S.C. 1022 - delivery of certificate;
• 18 U.S.C. 1023 - insufficient delivery of money or property;
• 18 U.S.C. 1024 - purchase or receipt of military property;
• 18 U.S.C. 1025 - false pretenses on high seas and other waters;
• 18 U.S.C. 1026 - compromise of farm indebtedness;
• 18 U.S.C. 1027 - false statements and concealment of facts
• 18 U.S.C. 1028 - identity theft;
• 18 U.S.C. 1029 - credit card fraud;
• 18 U.S.C. 1030 - computer hacking;
• 18 U.S.C. 1031 - major fraud against the United States
• 18 U.S.C. 1032 - concealment of assets from conservator;
• 18 U.S.C. 1033 - crimes affecting insurance interstate commerce;
• 18 U.S.C. 1034 - civil penalties and injunctions for section 1033;
• 18 U.S.C. 1035 - false statements relating to health care matters;
• 18 U.S.C. 1036 - entry by false pretenses to any real property;
• 18 U.S.C. 1037 - fraud and related activity with electronic mail;
• 18 U.S.C. 1039 - fraud with obtaining confidential phone records;
• 18 U.S.C. 1040 - fraud with major disaster or emergency benefits.

What Are the Penalties Under Section 1038?

Conveying false information under 18 U.S.C. 1038 can result in serious damage, injury, or even death--and for that reason, the penalties for a conviction can be equally severe. If you're convicted of this crime, you could face the following penalties:

• Up to 5 years in prison for the general spreading of misinformation.
• If someone sustains severe bodily injury as a result, they could face up to 20 years in prison.
• If someone dies as a result, the penalty can be up to life imprisonment.
• You could also face a court fine of up to $250,000 for any of the above violations.
• Legal action to recover incurred expenses.

The statute states that when sentencing a defendant convicted of an offense under subsection (a), the court must order the defendant to reimburse any state, local government, or private organization that provides fire or rescue services.

This reimbursement covers expenses incurred during emergencies or investigations related to that conduct. Notably, any reimbursement order for enforcement purposes should be regarded as a civil judgment.

Defenses Against Violations Of This Law

If you're charged under this law, a skilled federal criminal defense attorney might use various defenses to challenge the charges. 

One possible argument is that there was no intent. For a successful prosecution under Title 18 U.S. Code 1038, the government needs to demonstrate that the defendant intentionally and knowingly engaged in the illegal conduct with the purpose of deceiving others.

Your attorney might contend that you lacked the necessary intent—perhaps you genuinely believed the information was correct and did not intend to create a hoax—or that you were unaware your actions could cause panic.

Your attorney could argue that the so-called false information or hoax falls under protected speech. Therefore, the government cannot prosecute you for exercising your right to free expression. Courts generally rule that the First Amendment doesn't cover speech that poses a clear danger to public safety or causes significant harm.

Therefore, you need to prove that your words did not present a clear threat. One possible approach is to argue that your statements were misunderstood. Your attorney might also contend that your words or actions were misinterpreted or taken out of context. In such cases, the defense would aim to demonstrate that you did not intend to create a false impression and that your statements were not meant to be taken literally.

To review details of your federal criminal offense, please contact our law firm by phone or via the contact form. Cron, Israels & Stark is based in Los Angeles, California.

Related Content:

• Title 18 U.S. Code § 1038
• Conveying False Information