U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 47— FRAUD AND FALSE STATEMENTS

18 U.S.C. § 1038

False information and hoaxes

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(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.(Added Pub. L. 108–458, title VI, § 6702(a), Dec. 17, 2004, 118 Stat. 3764.)
Notes of Decisions
Cited in 154 cases (101 in the last 5 years), 2006–2026 · leading case: United States v. Alvarez, 132 S. Ct. 2537 (2012).
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United States v. Alvarez, 132 S. Ct. 2537 (2012). · cites it 2× “1217 (2011) (requiring showing of foreseeability and actual substantial harm); 18 U. S. C. §1038 (a)(1) (prohibit- ing knowing false statements claiming that terrorist at- tacks have taken, are taking, or will take, place).”
United States v. Marc Keyser, 704 F.3d 631 (9th Cir. 2012). · cites it 5× “§ 876 (c) (“threat” counts) and three counts of communicating false or misleading information regarding the presence of a biological weapon under 18 U.S.C. § 1038 (a) (“hoax” counts). He was sentenced to 51 months in prison.”
United States v. Castagana, 604 F.3d 1160 (9th Cir. 2010). · cites it 5× “CANBY, Circuit Judge: Chad Conrad Castagana appeals his jury conviction of committing threats and hoaxes in violation of 18 U.S.C. § 1038 (a)(1). Castagana’s convictions arose from his sending threatening letters to various celebrities and political figures accompanied by a…”
United States v. Brahm, 520 F. Supp. 2d 619 (D.N.J. 2007). · cites it 15× “A subsequent investigation led to an indictment against Brahm for violation of 18 U.S.C. § 1038 (a)(1) and (2), issued on February 28, 2007.”
United States v. De Vaughn, 694 F.3d 1141 (10th Cir. 2012). · cites it 2× “§ 876 (c) and four counts of “False Information and Hoax” in violation of 18 U.S.C. § 1038 (a)(1). 1 Two months later, the Government filed an information in the Northern District of Alabama charging Defendant with three counts under § 1038(a)(1), based on the letters received…”
Manuel v. United States, 78 Fed. Cl. 31 (Fed. Cl. 2007). · cites it 9× “Plaintiff filed the Complaint against the Government for “false information” related to the MBDA, pursuant to 18 U.S.C. § 1038 *33 of the Federal Criminal Code.”
United States v. Thompson, 921 F.3d 82 (2d Cir. 2019). · cites it 3× “§ 2261A(2), and making hoax threats, 18 U.S.C. § 1038 (a)(1). Thompson argues that the district court erroneously applied a two-level sentencing enhancement for offenses that "involve[ ] .”
United States v. Duane Berry, 911 F.3d 354 (6th Cir. 2018). · cites it 3× “Defendant Duane Berry is charged with Conveying False Information Regarding Explosives, in violation of 18 U.S.C. § 1038 (a), which carries a maximum sentence of five years' imprisonment.”
United States v. Servando Alvarado-Casas, 715 F.3d 945 (5th Cir. 2013). “§ 924 (c)(5)(B); 18 U.S.C. § 1038 (a)(1)(B)-(C); 18 U.S.C.”
United States v. Roger v. Evans, 478 F.3d 1332 (11th Cir. 2007). “14 See 18 U.S.C. § 1038 . If neither serious bodily injury nor death occurs as a result of the hoax, as was the case here, the maximum term of imprisonment under the new statute would be five years.”
United States v. Juan Price, 921 F.3d 777 (9th Cir. 2019). “2010) (declining to apply Flores- Figueroa to 18 U.S.C. § 1038 (a)(1), but addressing a specific mens rea requirement that formed its own self- contained phrase).”
United States v. Noel Davila, 461 F.3d 298 (2d Cir. 2006). “ntent to convey false or misleading in *304 formation 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 [various statutes…”
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— 18 U.S.C. § 1038(c)(1) — 10 cases
Lewis-Junge (D. Alaska 2025).
Lewis-Junge (D. Alaska 2025).
Lewis-Junge (D. Alaska 2025).
Lewis-Junge (D. Alaska 2025).
Lewis-Junge (D. Alaska 2025).
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