California Penal Code section 148.5 PC states, “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.”
What Constitutes a Violation of Penal Code Section 148.5 PC?
In order to be criminally charged with making a false report of a crime, you must have satisfied the three elements. These elements constitute a violation of Penal Code 148.5 PC. The three elements are the following:
- You or a third party made a report of a misdemeanor or felony
- You or a third party made the report to an “authority”
- You either:
- Made the report based on false information OR
- Supported a criminal report made by a third party with false information
Penal Code section 148.5 PC only encompasses misdemeanors and felonies, meaning that making a report of these offenses is illegal. However, reporting an infraction would not violate this law. You must know that the misdemeanor or felony was based on false information, meaning that merely making a mistake and reporting a crime you truly thought occurred would not violate PC 148.5.
The law defines a ‘figure of authority’ as anyone delegated by the state to accept criminal reports. This includes police officers, emergency line operators, prosecutors, a grand jury, etc.
Keep in mind that the law can charge you with the crime even if you didn’t make the false report yourself. If a third party makes a criminal report, whether it actually happened or not, you could face charges for violating PC 148.5 if you made a false statement at any point during the investigation.
EX: Your neighbor’s car is not at their house one day so they report it as stolen. When the police investigate, they ask you if you saw who stole it. Because you really dislike the landlord of your building, you falsely tell the police that you witnessed the landlord steal the car. You would be guilty of violating PC 148.5 because your statements are inherently reporting your landlord as the culprit even if you didn’t make the initial report.
What are the Penalties and Punishments for Making a False Report of a Crime?
California considers making a false report of a crime a misdemeanor offense. This means that you can spend up to 6 months in county jail, and/or pay a maximum fine of $1,000. You can expunge this crime from your criminal record upon completion of probation or a jail sentence. However, it is important to realize that being charged under PC 148.5 can have other consequences. For example, having a criminal history of false reporting can have a negative impact on a person’s reputation. Moreover, such charges can make it more difficult to obtain certain licenses or participate in government assistance programs.
In addition, in some cases, the court may impose additional punishment in the form of community service or special courses. This is especially true for young people facing the criminal justice system for the first time. It should be noted that even if you gave false testimony out of fear, the court can still qualify your actions as willful provision of false information. Therefore, it is important to contact an attorney as soon as possible who can assess the situation and suggest the most effective defense strategy.
Finally, although many people believe that false reporting, is a “frivolous” crime, law enforcement takes such charges quite seriously. The reason is that false reports divert police resources and can lead to the unfair prosecution of innocent individuals. This is why having qualified legal support is crucial to protecting your rights. The lawyers at KAASS LAW are here to help you if you find yourself in a similar situation.
How Can I Defend Myself If I Am Accused of Violating PC 148.5?
There are several common defenses to a violation of PC 148.5. They include:
- You did not know the report or the information that you gave was false
- You did not make the report to a figure of ‘authority.
- The crime reported was not a misdemeanor or felony offense
Even if you gave false information in a criminal report, you must have known that your statements were false. Mistakenly giving a false statement is not a crime.
The statute also specifies that you must make the false report to someone delegated by the state to accept reports of crimes. For instance, if say you made a false report to a security guard at a night club, not to an actual police officer. You would not consider this a violation of PC 148.5.
Lastly, you must ensure that the crime in question was a misdemeanor or felony, meaning that minor infractions do not count. Falsely reporting a nearby car of failing to signal when changing lanes would not constitute breaking this law. This is because the traffic violation was not a misdemeanor or felony. If you are facing charges for making a false report under PC 148.5, KAASS LAW can provide legal support.