18 U.S. Code § 1038. False information and hoaxes

18 U.S. Code § 1038. False information and hoaxes

law.cornell.edu/uscode/text/18/1038

(a)
(1)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.
(2)Any person who makes a false statement, with intent to convey false or misleading
information, about the death, injury, capture, or disappearance of a member of the Armed
Forces of the United States during a war or armed conflict in which the United States is
engaged—
(A)
shall be fined under this title, imprisoned not more than 5 years, or both;
(B)
if serious bodily injury results, shall be fined under this title, imprisoned not more than 20
years, or both; and
(C)
if death results, shall be fined under this title, imprisoned for any number of years or for life,
or both.
(b)
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
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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 is liable in a civil action to any party incurring
expenses incident to any emergency or investigative response to that conduct, for those
expenses.
(c)
(1)
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)
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)
An order of reimbursement under this subsection shall, for the purposes of enforcement,
be treated as a civil judgment.
(d)
This section does not prohibit any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United States, a State, or political
subdivision of a State, or of an intelligence agency of the United States.
(Added Pub. L. 108–458, title VI, § 6702(a), Dec. 17, 2004, 118 Stat. 3764.)
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