False Reporting of a Crime

Falsely reporting a crime is prohibited in many states. This is because law enforcement would have to expend resources and time investigating these reports when they could spend it investigating real ones. Some states require that for a person to be convicted of falsely reporting a crime they must have made the report to law enforcement. Others don't have this requirement.

California

California's false report crime contains three elements. First, the report must be a false crime. Second, the report must have been made to a law enforcement official or grand jury. And third, the report must have been made by a person who knew that it was false. However, the California false report crime doesn't apply to reports made by individuals required by legislative decree to file reports about suspected child, elder or dependent abuse. California's false report crime is considered a misdemeanor punishable by up to six months in jail and a maximum $1,000 fine.

Florida

Like California, Florida's false report crime contains three elements but not all the elements are the same as California's. As in California, the report must be false and must be known to be false. Unlike California, the report must be made to a police officer and can't simply be made to a grand jury. Furthermore the Florida false report crime does not contain an exception for authorized reporters of suspected elder or child abuse. The Florida crime is a misdemeanor punishable by up to a year in jail and a maximum $1,000 fine.

Illinois

Illinois's false report crime contains three elements and no exception. The Illinois law requires that there be a false crime report. Second the report must have been made to a government employee. The report does not need to be made to a law enforcement officer to complete the crime. Third, the report must have been made by a person who knew it was false. As with Florida, the Illinois law makes no exception for authorized reporters of suspected elder or child abuse. Illinois has both a misdemeanor and a felony false report crime. The misdemeanor is punishable by a minimum of 30 days to a maximum of one year in jail and a minimum of $1,500 to a maximum of $2,500 in fines. The felony is punishable by a minimum of one year to a maximum of five years in prison and a maximum of $25,000 in fines.

New York

The New York prohibition on false reporting is also similar to the other states with one notable exception. First, the New York law requires that there be a false crime report. Second, the report must have been made to a police officer or regulation enforcement bureau. However, if the report is made in circumstances that would likely cause public alarm or inconvenience, then it need not have been made to a government official. A conviction under the New York law can occur if the report was made to anyone, provided that the other elements of the offense are satisfied. And finally the report must have been made by a person who knew it was false. New York's false reporting crime is divided into three degrees: first, second, and third. The first-degree crime is a felony punishable by a minimum of three to a maximum of seven years in prison and up to $5,000 in fines. The second-degree crime is a felony punishable by a minimum of three to a maximum of four years in prison and up to $5,000 in fines. The third-degree crime is a misdemeanor punishable by up to one year in jail and a maximum $1,000 fine.

Texas

Texas has no specific laws targeting false reports of crimes but it does have other laws which could be used to punish such reports. Texas Penal Code section 38.08 (a misdemeanor) punishes false statements "that is material to a criminal investigation." Thus if a person falsely told a police officer that another person the police officer was conducting secret surveillance on had committed a robbery the reporter could be prosecuted under the law. If the person was convicted under Penal Code section 38.08 he could face up to 180 days in jail and a maximum $2,000 fine.

References

• Law Offices of David D. Edelstein: False Report of a Crime

Resources

• Crime Time: False Reports