Anti-Hoax Legislation in the 107th Congress: Addressing Problems since September 2001 (CRS Report for Congress)
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| Release Date |
March 1, 2002 |
| Report Number |
RL31314 |
| Report Type |
Report |
| Authors |
Paul Starett Wallace, Jr. American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
Since September 11, 2001, the number of false claims of terrorist acts has ballooned. These false
claims have become a serious headache for law enforcement officials, who are overwhelmed with
working overtime to prevent actual terrorist acts and the investigations of all suspicious and fake
events. Under current law, it is a felony to perpetrate a hoax by claiming there is a bomb on an
airplane or to communicate in interstate commerce a threat to do bodily harm or personal injury to
another. However, current law does not address a hoax related to biological, chemical, or nuclear
dangers where there is no specific threat. On December 12, 2001, the House of Representatives by
a 423 to 0 vote passed H.R. 3209 which is designed to punish a variety of hoaxes not
covered under current law. The bill would impose civil and criminal penalties to deter and punish
a person or persons for perpetrating a hoax that others could reasonably believe is or may involve
a biological, chemical, or nuclear attack or an attack using some other type of weapon of mass
destruction. Also, a convicted person could be responsible for the reimbursement of any emergency
or investigative expense due to the hoax. The House Judiciary Committee by voice vote favorably
reported H.R. 3209 on November 15, 2001, which was introduced by Representative
Lamar Smith, Chairman of the Crime Subcommittee on November 1, 2001. On December 12, 2001,
H.R. 3209 was received in the Senate and referred to the Committee on the Judiciary.
A companion bill ( S. 1719 ) which is identical to H.R. 3209 was also
introduced in the Senate as well as other similar Senate bills with several significant differences
regarding the standard of knowledge reflecting the degree of intent necessary for a conviction.
