Making a False Report of a Crime California Penal Code 148.5 PC
Penal Code 148.5 is the California law against making a false report of a crime. Specifically, this section applies when you make a false report of a misdemeanor or felony criminal matter to a police or peace officer, prosecutor, grand jury, OR state or local employee assigned to accept reports from citizens (such as a 911 operator).
Penal Code 148.5 only applies when the person reporting the false crime knows it to be false. It is always a defense if the person has a good faith belief that the report is true, even if that belief turns out to be mistaken.
Obviously the law applies to situations where a person takes the initiative to contact the police and make a false report. But it also applies to cases where a third party reports the crime initially, and the defendant gives a false witness statement once the police have begun their investigation.
Penalties for Making a False Report of a Crime
Penal Code 148.5 PC makes it a misdemeanor to make a false report of a crime to the police or other authorities. As a misdemeanor, a person convicted faces up to six months in county jail.
In some cases, the judge may grant probation with little or no actual jail time. In deciding how much jail time to impose, the judge will consider
- the person’s criminal history,
- the person’s motive for making the false police report, and
- the consequences of the false report (such as whether it caused an innocent person to get arrested).
Also, Vehicle Code 10501 VC makes it a separate crime to make or file a false report of a vehicle theft. Like PC 148.5, filing a false auto theft report is a misdemeanor. However, if this is not your first offense, that crime becomes a wobbler, which means it potentially carries felony penalties.
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