Pranks are the kind of harmless activity that some people regard as an unavoidable, perhaps even necessary “character building experience” that adolescents either engage in, or are victimized by. Usually these pranks are just that; essentially harmless activities meant to annoy, harass or humiliate as teenagers figure out who they are.
However, in the 21st century, there is one prank that has become not just a chargeable offense, it can be prosecuted as a Federal crime. Charges like conspiracy to retaliate against a witness, victim or informant, conspiracy to commit access device fraud and unauthorized access of a protected computer, and conspiring to obstruct justice all comprise this “prank.”
The name of this prank is called “Swatting,” and despite its joke origins, there is nothing funny about it.
Manipulating The Police
“Swatting” gets its name from the Special Weapons and Tactics division of most police forces. Swatting is what happens when someone—either very convincing at lying, or technically accomplished to manipulate computer systems—fools the police into thinking that a serious event, such as a shooting or bombing, is occurring at the chosen victim’s home, school or place of work. The police then respond with maximum force, sending a SWAT team to deal with the situation.
In some cases, such as Grace Lynn of Portland, Oregon, who was a victim of ongoing online sexual harassment, the SWAT team arrives, realizes their mistake and everyone is frustrated. In other cases, like Dallas Horton of Sentinel, Oklahoma, he was falsely reported as having planted a bomb in a preschool. The SWAT team conducted a surprise raid on his home to stop him, and he shot at Police Chief Louis Ross, who, fortunately, was wearing a bullet proof vest.
Unlike the typical phone pranks that children and adolescents played in the past, Swatting can have expensive, sometimes lethal consequences. Dispatching a SWAT team, with weapons, armor and ammunition can cost tax payers upwards of $10,000 per excursion, as well as potentially involve actual combat and casualties. Unfortunately for New York, Swatting has been on the rise with incidents in both Orange County and Hudson Valley in recent months.
Because of this, Senator Schumer recently introduced a bill to Congress that seeks to increase penalties for a Swatting conviction. Those found guilty can receive a maximum of eight years in prison, as well be forced to pay restitution to the state for the cost of the SWAT dispatch, as well as any damage to the home, school, or place of business as a result of the dispatch.
If you, or someone you know is committing Swatting pranks thinking it is all in good fun, seek a criminal defense lawyer immediately. What might seem like a joke for a few laughs is actually an act that courts take very seriously. Using the defense “I didn’t mean any harm, it was just a joke,” will not protect the accused in court, only an experienced criminal defense lawyer can.