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
- Identify the enumerated serious offense falsely reported.
- Evaluate why the message could reasonably be believed and whether it was intentionally false.
- 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
Sources checked: October 31, 2026.