You commit a crime under federal law if you intentionally convey false information that could lead someone to believe that an actual emergency or catastrophic event is imminent. The crime of false information and hoaxes is generally punishable by up to five years in federal prison, but a judge can impose more severe penalties in some situations. Please contact a skilled criminal defense attorney now if you are being charged with a federal crime.
What is the Crime of False Information and Hoaxes Under Federal Law?
18 USC 1038 is the federal statute that sets forth the crime of false information and hoaxes. Per this law, you commit a criminal offense if you intentionally convey false or misleading information that could lead someone to believe an activity is a violation of certain laws.
Let’s consider an example. Joe decides that he wants to pull off a prank. He calls his local police and tells them that he’s seen a group of people place bombs near several local stores. Here, Joe is guilty of false information and hoaxes. He conveyed false information to the police, and the information was such that the police could have believed that an illegal activity had taken place.
Note that 18 USC 1038 is designed to prevent panic and protect emergency services from unnecessary distractions.
What are the Penalties?
The crime of false information and hoaxes is punishable by a fine and/or up to five years in federal prison.
If you commit the crime and it results in someone suffering serious bodily injury, then the penalties increase to a fine and/or up to 20 years in prison.
If you commit the crime and it results in a death, then the penalties increase to a fine and/or up to any number of years in prison.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge a false information and hoax charge with a legal defense. A common defense is to show that you did not “intentionally” convey false or misleading information. Under 18 USC 1038, you are not guilty of a crime if you somehow accidentally spread false information or did so with the reasonable belief that the information was true.
Your criminal defense attorney can also try and raise a misrepresentation defense. Under this defense, your criminal defense lawyer may argue that your statements were misinterpreted or take out of context.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a false information and hoax charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various criminal charges under federal law. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
* Main image at top by freepik
