Penalty for Filing a False Police Report in Michigan
To file a false police report in Michigan is a crime. A person who intentionally makes a false report of a crime or causes a false report to be made by another person may be found guilty of either a felony or a misdemeanor, depending on the circumstances of the particular incident.
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Michigan Law
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Section 750.411a of the Michigan Penal Code, states that, "a person who intentionally makes a false report of the commission of a crime . . . to a peace officer, police agency of this state or of a local unit of government, 9-1-1 operator, or any other governmental employee . . . is guilty of a crime." The law also provides that a person who causes someone else to make a false report can be considered guilty of a crime as well.
Misdemeanor/Felony Charges
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The charges levied against a person accused of filing a false police report in Michigan are specifically tailored to the type of crime that was reported. For example, a person who files a false police report stating that a misdemeanor has occurred can be charged with a misdemeanor offense. If the false report claims a felony was committed, the person who makes that report can be charged with a felony. In theory, additional charges of perjury may also apply if the case goes to court and the accused testifies falsely, though these are not always prosecuted. For example, Joshua Kuiper, Assistant Kent County Prosecutor in Grand Rapids, Michigan, recently confirmed to the Grand Rapids Press that he sees a lot of false reports and perjury, especially in drunk driving cases, but that perjury charges are filed only when there is enough evidence to support the charge.
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Punishment
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The making of a false police report is taken seriously in Michigan. Punishment for a conviction of this crime depends upon whether the crime falsely reported was a misdemeanor or a felony. Misdemeanors carry a penalty of not more than 93 days in jail and not more than a $500 fine, or both. The penalty for felony convictions is not more than four years in jail and not more than a $2,000 fine, or both.
Misconceptions
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According to Legal Update, a publication of the Michigan State Police Training Division, the Michigan Court of Appeals ruled in the case People vs. Chavis, that a person who files an accurate police report cannot be charged with a crime even if the report contained erroneous or false details. This court decision involved the victim of a carjacking who gave police a false address of where the crime occurred. The victim had been carjacked near a known crack house and did not want police to know why he was in the area. He was initially charged with making a false police report but the Michigan Court of Appeals dismissed the case against him.
Motives
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Police in Michigan enforce the false police report statute at their discretion. Where there is a blatant disregard for the law, charges are more likely to be filed. Where the person who made the report has mental health issues, police have some latitude to refer the offender for psychological counseling or contact the person's family for assistance instead of filing criminal charges. Convictions for filing a false police report are relatively rare in Michigan, but they do occur and the crime is taken seriously by both law enforcement and the courts.
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