Many federal laws prohibit making false statements, especially when they cause serious harm. However, spreading misinformation that may trigger mass panic and waste government resources is treated as an especially grave offense.

Title 18 U.S. Code 1038 criminalizes the dissemination of false information and hoaxes about major crises.

Under Title 18 U.S. Code 1038, also called the False Information and Hoaxes law, it is illegal for anyone to knowingly and willfully make false or misleading statements about a major crisis, especially if it involves an attempt or alleged attempt to kill, injure, or intimidate others.

The statute also bans anyone from sharing false information when they know it could naturally incite fear and panic in others.

18 U.S.C. 1038 says, "(a) (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…. shall be fined or imprisoned…."

Depending on the extent of the hoax's damage, a conviction could result in a sentence ranging from 5 years to life imprisonment. Let's examine this federal law more closely below.

What is the Law's Position?

Title 18 U.S. Code 1038 prohibits individuals from engaging in any conduct with the intent to convey false or misleading information, which causes others to believe that an actual emergency or catastrophe is imminent.

The law is designed to prevent panic and keep emergency services focused by avoiding unnecessary distractions. It covers various types of 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 pointing lasers at aircraft, airport violence, and aircraft destruction.
• Crimes or threats that involve biological or chemical weapons;
• Crimes or threats that involve firearms, bombs, or other types of explosives;
• Crimes targeting the shipping industry;
• Crimes that impact infrastructure;
• Allegations involving sabotage of nuclear facilities or weapons.

18 U.S.C. 1038 (a) (2) also makes it a crime to make false statements regarding the "death, injury, capture, or disappearance of a member of the Armed Forces of the United States during a war or armed conflict..."

This law is important because spreading false information could cause unnecessary military actions. It's key to understand that it covers 'engaging in any conduct' aimed at sharing false or misleading claims, not only the act of sharing the information.

For example, if you permit someone to use your social media account to spread rumors about a crisis, you could be charged under U.S.C. 1038 even if you did not create the post yourself.

Can You Provide Some Examples?

EXAMPLE 1: As a prank, Larry places an "anonymous" call to local authorities, claiming that bombs have been planted at various schools in the area. He could be charged under 18 U.S.C. 1038.

EXAMPLE 2: During a period of increased tensions between the United States and North Korea, Samantha's Twitter account posts false claims that a nuclear weapon has been detonated in South Korea. Since such misinformation could likely incite widespread panic, Samantha may face charges under 18 U.S.C. 1038.

Which Federal Laws are Relevant?

Chapter 47 of 18 U.S. Code, which deals with Fraud and False Statements, includes many federal laws related to 18 U.S.C. 1038 on 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 - 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 18 U.S. Code 1038?

Providing false information under 18 U.S.C. 1038 can cause serious harm, injury, or death, and the penalties for conviction are accordingly severe. A conviction could lead to the following penalties:

• Maximum punishment of up to 5 years in prison for broadly spreading misinformation.
• If someone causes severe bodily injury, the penalty can be up to 20 years in prison.
• If someone dies as a result, the sentence can be up to life in prison.
• You could also face a court fine of up to $250,000 for any of the violations mentioned above.
• Legal action to recover expenses.

The statute says that "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 organization that provides fire or rescue service incurring expenses incident to any emergency or investigative response to that conduct, for those expenses."

Any reimbursement order, when used for enforcement, shall be considered a civil judgment.

Defenses Against 18 U.S.C. 1038 Violations

If you're charged with a crime under this law, a skilled federal criminal defense attorney might use several defenses to counter the charges, as outlined below.

It could be argued that there was no clear intent. To succeed in a prosecution under Title 18 U.S. Code 1038, the government needs to demonstrate that the defendant deliberately and knowingly participated in the illegal activity with the purpose of deceiving others.

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

Maybe we can frame this as a free speech issue. Your lawyer might argue that the so-called false information or hoax is protected speech, and therefore, the government cannot prosecute you for exercising your right to free expression.

Courts generally rule that the First Amendment doesn't shield speech that presents a clear and immediate danger to public safety or causes significant harm. Therefore, you need to show that your words did not pose a clear threat.

We could also argue that there has been a misinterpretation. Your lawyer might claim that your statements or actions were misunderstood or taken out of context. In such cases, the defense would aim to demonstrate that you did not mean to create a false impression or that your words were not intended to be taken literally.

To review details of your federal criminal offense, contact our law firm by phone or via the contact form. Eisner Gorin LLP is based in Los Angeles, California.

Related Content:

• Effects of Wrongful Convictions

• Title 18 U.S. Code § 1038