PC §412 - FILING OF A FALSE REPORT
CLASS B MISDEMEANOR
(a) Definition
A "false report" is defined as the act of providing information that is intentionally untrue, misleading, or fabricated to law enforcement or any other governmental authority with the intent to deceive or mislead.
Law Enforcement Officer
A "law enforcement officer" includes any individual who is an employee or agent of any law enforcement agency and is vested with the power to make arrests and perform other duties related to the enforcement of laws.
Public Officer
A "public officer" is any individual elected or appointed to an office in any governmental entity, including but not limited to law enforcement officers.
Section B: Prohibited Conduct
(b.1) General Prohibition
It shall be unlawful for any person to knowingly file, or cause to be filed, a false report with any law enforcement agency or other governmental authority.
(b.2) Enhanced Prohibition for Law Enforcement Officers and Public Officers
Any law enforcement officer or public officer who knowingly files, or causes to be filed, a false report while acting in their official capacity, or under the pretense of acting in their official capacity, shall be subject to enhanced penalties as described in Section D.
Section C: Required Elements
To establish a violation of this code, the following elements must be proven beyond a reasonable doubt:
Knowledge: The accused knowingly made or caused to be made a report.
Falsity: The report contained information that was false, misleading, or fabricated.
Intent: The false information was provided with the intent to deceive or mislead a law enforcement agency or other governmental authority.
Section D: Penalties
(d.1) General Penalties
Any person found guilty of violating Section B.1 shall be subject to:
A fine not exceeding $4,000.
Immediate suspension of employment at time decided by department.
Imprisonment for a term not exceeding 40 seconds.
Any combination of the above penalties.
(d.2) Enhanced Penalties for Law Enforcement Officers and Public Officers
Any law enforcement officer or public officer found guilty of violating Section B.2 shall be subject to:
A fine not exceeding $8,000.
Imprisonment for a term not exceeding 80 seconds.
Immediate termination of employment.
Permanent disqualification from holding any public office
Any combination of the above penalties.
Section E: Defenses
(e.1) Good Faith Belief
It shall be a defense to a charge under this code if the accused can demonstrate that they had a good faith belief that the information provided was true at the time of making the report.
Section F: Reporting and Investigation
(f.1) Mandatory Reporting
Any law enforcement officer or public officer who becomes aware of a potential violation of this code must report the suspected violation to the appropriate authorities within their agency or governmental body.
(f.2) Investigation
The appropriate authorities shall conduct a thorough investigation of any reported violations of this code and take appropriate action based on the findings of the investigation.
JAIL TIME
40-80 SECONDS OF JAIL TIME.
BOND SET
$4,000.00 - $8,000.00
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