18 U.S.C. 1038: Federal Hoaxes and False Threat Reports

18 U.S.C. 1038 targets intentional false or misleading reports of specified serious offenses in circumstances where the information may reasonably be believed. It is not a general ban on every false rumor. The reported activity must fall within the statute’s enumerated categories. [1]

Elements and penalties

An individual felony fine can ordinarily reach $250,000; that criminal fine is distinct from repayment of emergency-response expenses. [2] The baseline maximum is five years, increasing to twenty if serious bodily injury results and up to life if death results. A separate provision covers specified false reports about servicemembers during war or armed conflict. Civil response costs and restitution can also be relevant. [1]

The statute also provides a civil action concerning expenses incident to an emergency or investigative response under its conditions. Response costs therefore deserve documentation separate from imprisonment exposure. The armed-forces false-report provision concerns death, injury, capture, or disappearance during qualifying war or armed conflict. A general online falsehood about the military does not necessarily satisfy that specialized provision. [1]

What to examine in the actual case

  1. Identify the enumerated serious offense falsely reported.
  2. Evaluate why the message could reasonably be believed and whether it was intentionally false.
  3. Document injury and response expenses separately, including causation and the actual deployment of emergency resources.

Practical example

A fabricated bomb report that triggers an evacuation may implicate section 1038 even though no bomb exists. The false report, reasonable-belief circumstances, intent, and covered offense still must be proved.

For related situations, see violence at international airports and federal false-statement charges.

Primary sources

  1. 18 U.S.C. § 1038: official United States Code
  2. 18 U.S.C. § 3571: official United States Code

Sources checked: October 31, 2026.