False Police Report Penal Code 148.5

California Penal Code 148.5 makes it a misdemeanor offense to make a false police report of a crime.  Making a false police report is only a crime if the person making the report knows that the report is false.  If found guilty you can face up to 6 months in county jail and a fine of up to $1,000.  

According to the courts the statute of Penal Code 148.5 is “intended to deter reports of crimes and resulting inconvenience and danger to other members of the public.”  People v. Craig, 1993, 21 Cal.App.4th Suppl.1.   

Penal Code 148.5 False Report of Criminal Offense states:

(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.

When Is It a Crime to Make a False Police Report under Penal Code 148.5?

It is a crime to knowingly make a false police report in violation of Penal Code 148.5.  If found guilty you can face up to 6 months in county jail and a fine of up to $1,000. 

To find you guilty of False Police Report the prosecutor has to prove beyond a reasonable doubt the following under the law:

1. The defendant made a false police report that a felony or misdemeanor has been committed, and
2. The false report was made to a person in an official capacity
3. The defendant knew when he/she made the report it was false

A person under official capacity under the statute means:

• Peace officer such as a police officer, deputy sheriff, or District Attorney Investigator
• District Attorney or deputy district attorney
• Attorney General or deputy attorney general
• Any employee in an agency assigned to take reports
• A grand Jury

Exceptions to False Police Report

Under Penal Code 148.5 there is an exception to Making a False Police Report.  This exception applies to “mandatory reporters.”  Mandatory reporters are those who are required by law to report suspected acts of child abuse, dependent adult abuse, or elder abuse.  

Mandatory reporters are defined under Welfare and Institution Code Section 15630, which includes:

• Teachers
• Teacher’s Aides
• Employees and administrators of public and private schools
• Public Assistance workers
• Administrators and employees of licensed daycare facilities
• District Attorney Investigators
• Peace Officers
• Physicians, surgeons, psychiatrists, marriage and family therapists
• Dentists, licensed nurses, dental hygienists
• Adult care providers, administrators, and supervisors

This exception applies to mandatory reporters so as not to chill their requirement to report allegations of abuse.  Mandatory reporters are still expected to report truthfully what has been told.  

Examples of False Police Reports

Example 1:  John was driving a minivan recklessly.  He was swerving, running red lights, and traveling 80 mph in a 40 mph zone.  Police were called and tried to pull him over and he evaded law enforcement.  Knowing police were looking for his vehicle, John went to the police station and reported that his minivan was stolen.  John could be charged with violating Penal Code 148.5 by Falsely Reporting a Felony that he knew was not true.  

Example 2:  Thomas garage needed a new paint job and repair.  He did not have the money so he was going to make up that his garage was damaged and try to collect insurance proceeds.  So Thomas spray painted the outside and broke the windows to the garage.  He called the police and reported that vandals caused the damage.   Thomas in this case could be charged with violating Penal Code 148.5 Making a False Police Report.  

Defenses to Penal Code 148.5 False Police Report

If you are accused of Making a False Police Report, a California Criminal Defense attorney can defend you by making one or more of the following defenses to the charge.  These defenses include:

• Client Did Not Think the Crime was False.  The crime of False Police Report requires a knowledge element that you knew that the report to be false.  You received information from somebody you thought was true but they were mistaken.  This defense could apply in that case.    
• Report not Made to Someone in “Official Capacity.”  A person is only guilty of making a false police report if they were making the report to someone operating under an official capacity.  A defense to this charge can be that the person reported the false crime to someone who is not a police officer but someone not under an official capacity like a security guard or business owner.  
• Lack of Knowledge.  You thought the information was true when you reported a crime to police.  Later it was found that you were mistaken or other facts made the information not true.  But you reported based on the knowledge you had and thought true.  

There are other defenses a Criminal Defense Attorney can use to help you if you are facing this charge.  

What are the Penalties for Penal Code 148.5 False Police Report

A violation of False Police Report is a Misdemeanor Offense.  

If found guilty of the charge you can face the following penalties:

• Custody in the County Jail for up to six months, and/or
• A Maximum Fine of $1,000.  
• Probation that may include community service, stay away orders or other terms.  

Related Offenses to Penal Code 148.5 False Police Report

There are other laws in California that are related to Penal Code 148.5 Making a False Police Report.  These crimes include the following:

Penal Code 148.3 – False Report of an Emergency.  This law makes it a crime to falsely report an emergency that requires an emergency vehicle, aircraft, vessel, evacuation of an area, building, structure, vehicle or false Amber Alert.  

Penal Code 148.9 – False Identification to a Peace Officer.  This law makes it a crime to give a Peace Officer in performance of their duties false identification including name and birth date.  

Penal Code 148.4 – False Report of a Fire.  This law makes it a crime to make a false report of a fire.  This usually involves not only reporting a false fire but triggering fire alarms or breaking or tampering with fire alarms.  

Take the First Step and Regain Peace of Mind

Making a False Police Report charge can threaten your reputation, freedom, and future.  What you need right now is a strong, compassionate counsel in your corner to advise you on your legal options and defend your rights.  

At Kolacia Law Firm, we’ve spent years establishing a track record of favorable verdicts in False Police Report cases.  We’ve seen firsthand how determined advocacy makes all the difference for clients and families.  

Take action now to regain peace of mind, knowing exactly where you stand and the options available.  You don’t have to go through this alone.  The Rancho Cucamonga Criminal Defense Attorneys at Kolacia Law Firm at here to help you.  

Contact us for immediate assistance.