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	1 Conviction in September 2024		9 Convictions in Fiscal Year 2024

CITE

    18 USC Sec. 1038                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 47 - FRAUD AND FALSE STATEMENTS

HEAD

    Sec. 1038. False information and hoaxes

STATUTE

      (a) Criminal Violation. -
        (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 chapter 2,
      10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of
      the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502,
      the second sentence of section 46504, section 46505(b)(3) or (c),
      section 46506 if homicide or attempted homicide is involved, or
      section 60123(b) of title 49, shall -
          (A) be fined under this title or imprisoned not more than 5
        years, or both;
          (B) if serious bodily injury results, be fined under this
        title or imprisoned not more than 20 years, or both; and
          (C) if death results, be fined under this title or imprisoned
        for any number of years up to life, or both.
        (2) Armed forces. - Any person who makes a false statement,
      with intent to convey false or misleading information, about the
      death, injury, capture, or disappearance of a member of the Armed
      Forces of the United States during a war or armed conflict in
      which the United States is engaged -
          (A) shall be fined under this title, imprisoned not more than
        5 years, or both;
          (B) if serious bodily injury results, shall be fined under
        this title, imprisoned not more than 20 years, or both; and
          (C) if death results, shall be fined under this title,
        imprisoned for any number of years or for life, or both.
      (b) Civil Action. - 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 chapter 2, 10,
    11B, 39, 40, 44, 111, or 113B of this title, section 236 of the
    Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the
    second sentence of section 46504, section 46505 (b)(3) or (c),
    section 46506 if homicide or attempted homicide is involved, or
    section 60123(b) of title 49 is liable in a civil action to any
    party incurring expenses incident to any emergency or investigative
    response to that conduct, for those expenses.
      (c) Reimbursement. -
        (1) In general. - 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 not-for-profit organization that provides
      fire or rescue service incurring expenses incident to any
      emergency or investigative response to that conduct, for those
      expenses.
        (2) Liability. - A person ordered to make reimbursement under
      this subsection shall be jointly and severally liable for such
      expenses with each other person, if any, who is ordered to make
      reimbursement under this subsection for the same expenses.
        (3) Civil judgment. - An order of reimbursement under this
      subsection shall, for the purposes of enforcement, be treated as
      a civil judgment.
      (d) Activities of Law Enforcement. - This section does not
    prohibit any lawfully authorized investigative, protective, or
    intelligence activity of a law enforcement agency of the United
    States, a State, or political subdivision of a State, or of an
    intelligence agency of the United States.

SOURCE

    (Added Pub. L. 108-458, title VI, Sec. 6702(a), Dec. 17, 2004, 118
    Stat. 3764.)