What Happens If You Fill a False Police Report of DV in California?

Language of the Statute

• Section 148.5 of the California Code criminalizes conduct involving the making of a report to any peace officer, attorney general, district attorney or deputy attorney that a felony or misdemeanor has been committed while knowing that no such crime was committed. The peace officer must be engaged in his duties as a peace officer at the time of the report, and the person making the report knew or should have known that the person was a peace officer at the time. In another statute, it is a separate offense to report to any city, county, city and county, or state department, district, agency, division, commission, or board, that an "emergency" exists, knowing that the report is false. An "emergency" is defined as "any condition that results in, or could result in, the response of a public official in an authorized emergency vehicle."
  
  

Penalty Information

• Individuals who choose to report a crime, such as domestic violence, in which emergency response vehicles are likely to be sent to the scene, face criminal penalties up to $1,000 and up to one year in prison. Other false reports not involving emergency vehicles carry a general misdemeanor sentence not to exceed six months' incarceration or $1,000 in fines.
  
  

Consequences to Law Enforcement

• Make false reports of domestic violence is penalized in California because it wastes state resources of time and money. Many law enforcement precincts are understaffed and do not have the manpower to take time to investigate false reports. Additionally, utilizing officers to track false claims wastes taxpayer money, in that the officers could have spent that time on the clock to investigate actual crimes.
  
  

Reasons False Reports are Filed

• Domestic relations situations often involve sensitive emotional issues between families. False domestic violence reports are made for a number of reasons. Many have cited ambiguity in state codes relating to domestic violence. Victims and alleged perpetrators are not clear as to what exactly constitutes domestic violence. Similarly, false accusations are routinely made during contested divorces as maneuvers to win child custody or paint the other spouse in a bad light.