Vancouver Area Teen Sentenced To 16 Months For Swatting
An anonymous reader writes: A 17-year-old from the Vancouver area in Canada has been sentenced to 16 months in youth custody and 8 months under supervision in the community after pleading guilty to 23 charges including criminal harassment, public mischief, extortion and uttering threats. The teenager was responsible for a number of swatting calls across the United States and Canada — mostly of female gamers. The judge told him, "It appears that when real life became too hard you retreated into the online world and became increasingly socially isolated. While you may think you enjoyed greater success in the online world, that success was an illusion. You were left with severely limited social skills and a significant educational deficit."
It should be a serious crime. I haven't maintained otherwise. I just questioned that it should be a ten year prison sentence level of serious. That's over the top even by American standards of jurisprudence. In New York State, assuming no prior convictions, you need a class C felony to reach that kind of sentence. For perspective, class C felonies include robbery, burglary, criminal possession of a weapon, soliciting or supporting an act of terrorism, assault on a judge or first responder, or an attempt to commit a class B felony. There's some non-violent crimes in there too, primarily fraud that reaches a certain dollar amount.
IANAL but the closest charge we would have here to fit swatting would probably be falsely reporting an incident in the third degree, which is a misdemeanor. A reading of the law would seem to support bumping it up to first degree if someone is killed as a result of the false report, which makes it a class D felony.
I want peace on earth and goodwill toward man.
We are the United States Government! We don't do that sort of thing.