28-907.01. Swatting; prohibited; penalties.

382 words·~2 min read·/ne/chapter-28/28-907-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A person commits the offense of swatting if such person:

(a)Knowingly makes, causes to be made, or directs a false or misleading report of criminal activity or a need for emergency medical services or assistance from firefighters;

(b)Such report is made to a law enforcement agency, public safety answering point, or any other emergency response organization;

(c)The person knows or reasonably should know the report is false or misleading; and

(d)The report results in the dispatch of law enforcement, firefighters, or emergency response personnel.

(2)An offense under this section may be committed by any means of communication, including, but not limited to, direct communication, electronic communication, communication through a third party, or the use of automated or digital systems.

(3)(a) Except as otherwise provided in this subsection, a violation of this section is a Class I misdemeanor.

(b)A violation of this section is a Class II felony if the violation proximately:

(i)Results in serious bodily injury to any person; or

(ii)Causes a law enforcement officer to deploy or threaten to deploy deadly force.

(c)A violation of this section is a Class IB felony if the violation proximately results in the death of any person, including any law enforcement or emergency response personnel.

(4)Upon conviction for a violation of this section, the court shall, in addition to any other punishment imposed, order the defendant to make restitution, in accordance with sections 29-2280 to 29-2289 , for all reasonable costs incurred by any victim of the offense and by any government entity as a result of the violation. Such expenses include, but are not limited to, law enforcement, firefighting, and emergency response personnel costs, tactical or specialized unit deployment, medical treatment, and property damage.

(5)A violation of this section may be prosecuted in the county:

(a)In which the defendant made the false report;

(b)In which the recipient of the false report is located;

(c)Where the recipient responded to the false report; or

(d)Where the harm or risk of harm caused by the violation occurred.

(6)For purposes of this section:

(a)Law enforcement agency has the same meaning as in section 81-1401 ; and

(b)Public safety answering point has the same meaning as in section 86-1052 .