Penal Code 148.5 PC - Making a False Police Report
The law on filing a false police report of a crime, as codified in California Penal Code 148 PC, is not to be taken lightly. It is a serious offense to report a false incident to police or other law enforcement-related agencies, such as a district attorney or an employee of a police department in charge of taking reports.
​This law says that anyone who reports to any peace officer, attorney general, or district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of filing a false police report.
​This law only applies if the defendant knew the false report was being made to law enforcement while engaged in that duty. For example, if a defendant reports a false incident to an off-duty police officer, the law is not violated.
It's important to note that PC 148.5 PC does not apply to reports made by mandated reporters, individuals who are legally required to report known or suspected instances of child abuse, dependent adult abuse, or elder abuse.
The district attorney must prove two factors beyond a reasonable doubt to convict. It must be proven that you made a false report of a misdemeanor or felony and that the report was made to a specific authority.
The specific "authority" includes a police officer, prosecutor, grand jury, or employee assigned to take reports from citizens, such as a 911 operator.
Violating this law, whether by contacting the police and making a false report or giving a false statement during a police investigation, can have serious consequences. Remember, false reporting is only a crime if you know it is false. Simply put, any report given to law enforcement is expected to be truthful. If not, falsely reporting a crime can lead to severe legal repercussions under PC148.5 PC.
What Does the Law Say?
The full text of California Penal Code 148.5 PC says, "(a) Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the Attorney General, or a deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor.
(b) Every person who reports to any other peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer.
(c) Except as provided in subdivisions (a) and (b), every person who reports to any employee who is assigned to accept reports from citizens, either directly or by telephone, and who is employed by a state or local agency which is designated in Section 830.1, 830.2, subdivision (e) of Section 830.3, Section 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, or 830.4, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the employee is engaged in the performance of his or her duties as an agency employee and (2) the person providing the false information knows or should have known that the person receiving the information is an agency employee engaged in the performance of the duties described in this subdivision.
(d) Every person who makes a report to a grand jury that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. This subdivision shall not be construed as prohibiting or precluding a charge of perjury or contempt for any report made under oath in an investigation or proceeding before a grand jury.
(e) This section does not apply to reports made by persons who are required by statute to report known or suspected instances of child abuse, dependent adult abuse, or elder abuse.
(f) This section applies to a person who reports to a person described in subdivision (a), (b), or (c) that a firearm, as defined in subdivision (a) or (b) of Section 16520, has been lost or stolen, knowing the report to be false."
What Must Be Proven to Convict?
For an allegation under Penal Code 148.5 to stand, the DA must prove certain elements beyond a reasonable doubt, such as the following:
- You falsely reported that a felony or misdemeanor was committed.
- You reported to a peace officer or other official as the law describes.
- The official was acting in their official duties at the time.
- You knew the information was false when you made the report.
- You made the report intending to deceive the authorities.
What Is Acting in Official Capacity?
As noted, Penal Code 148.5 makes it a misdemeanor for anyone to knowingly report to a peace officer or others acting in an official capacity. This means that when law enforcement officers are performing their duties, a felony or misdemeanor has been committed when they know the report is false.
This law applies to reports made to different law enforcement personnel and agencies, such as the following:
- Police officers.
- Attorney general.
- Deputy attorney general.
- District attorney
- Deputy district attorney
- Grand jury
- Any employee of an agency assigned to receive crime reports.
What are "Mandated Reporters?"
PC 148.5 makes an exception for "mandatory reporters," who are people who are required by law to report suspected acts of child abuse, elder abuse, or dependent adult abuse, such as the following:
- Teachers.
- School staff.
- Medical professionals.
- Doctors and nurses.
- Members of the clergy
- Daycare staff.
- Employees of day camps and other children-oriented programs.
What are Related Offenses?
Several California laws are related to Penal Code 148.5 PC making a false report of a crime, such as the following:
- Penal Code 148.3 PC false report of an emergency. This law makes it a crime to falsely report an emergency, which may result in the response of an emergency vehicle, aircraft, vessel, evacuation of any area, building, structure, vehicle, or any other place, or an amber alert.
- Penal Code 148.4 PC false report of a fire. This law prohibits any false reports of a fire, including tampering with or breaking fire alarms, triggering a false fire alarm, and intentionally misreporting a fire.
- Penal Code 148.9 PC false identification to a police officer. This law prohibits providing false identification to a police officer and does so knowing it is untrue, including giving a police officer a false date of birth.
What are the PC 148.5 Punishments?
Violations of Penal Code 148.5 are a misdemeanor and carry the following penalties:
- Up to 6 months in county jail.
- Up to $1000 in fines.
- Probation with community service or counseling.
In addition to a possible probation or jail sentence, you could face restraining orders, restitution for any damage caused to third persons, and civil lawsuits.
What are the Common Defenses?
Suppose you were accused of making a false report. In that case, a California criminal defense attorney can use different defense strategies to obtain the best possible outcome, as discussed below.
We can argue a lack of knowledge by showing you were not aware that the report was false when it was made. We could say a mistake of fact. Maybe you genuinely believed the reported information was accurate, based on a misunderstanding or receiving incorrect information.
Perhaps there was no intent to deceive. Maybe you were repeating something you heard without inferring whether the information was accurate.
We can argue the report was not made to an official on duty. Recall from above that PC 148.5 only applies if you make a false report to somebody operating in an official capacity.
Maybe that person was off duty, or you didn't expect them to act within their authority. Perhaps your statements were made casually to an off-duty cop who was your neighbor. Contact our law firm for additional information. Cron, Israels & Stark has offices in Los Angeles, CA.
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