INITIATIVE 1 - (Bill): False Police Report (FELONY)

Bill

Filing A False Police Report 
(A Felony)

Currently:  Making a false police report or misleading law enforcement in California is a crime prosecuted under California Penal Code § 148.5 PC. Under this statute, reporting a misdemeanor or felony offense to authorities while knowing it is false is punishable by up to 6 months in county jail and fines of up to $1,000. [1, 2]

 

Filing a False Police Report – California Penal Code 148.5

Penal Code 148.5 makes it illegal to knowingly file a false report that a crime occurred.

This law applies when someone makes a false report to:

Police officers

Sheriff's deputies

The district attorney

State agency investigators

Any employee authorized to receive crime reports

To secure a conviction, the prosecutor must prove:

You reported that a crime occurred

The report was false

You knew it was false

The person receiving the report was acting in an official capacity

Examples of Filing a False Report

Reporting a theft that never happened

Inflating the value of stolen property

Filing a false domestic violence report

Reporting property damage for insurance fraud

There is also a separate offense under Vehicle Code 10501 for filing a false vehicle theft report.

Penalties Under Penal Code 148.5

A misdemeanor conviction may result in:

Up to 6 months in county jail

A fine up to $1,000

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National Asian American Civil Liberties and Anti-Defamation (NAACLA)

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