Under California Penal Code Section 118.1, the offense entails a situation where a peace officer acting in his official capacity writes and files a report in a criminal case that he knows contains a false statement concerning a material matter in the case.
Definition of A Police Officer Filing a False Report
Every peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of any crime, if he or she knowingly and intentionally makes any statement regarding any material matter in the report which the officer knows to be false, whether or not the statement is certified or otherwise expressly reported as true, is guilty of filing a false report1.
This offense is punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years.
This section shall not apply to the contents of any statement which the peace officer attributes in the report to any other person.
How Does the Prosecutor Prove a False Report Has Been Issued?
To prove that a false report has been issued by a police officer, the prosecutor has to prove the following facts or elements:
- A law enforcement officer (i.e. peace or police officer) while acting in his/her official capacity;
- Filed a report in a criminal matter with the agency that employs him/her.
- The report contained a false statement(s) that was material.
- When he/she made the false statement(s) in the report, he/she knew the statement was false2.3
Example Of False Statment In Violation
A police officer wrote and filed a report that stated that the person whom he encountered at a crime scene told him that he saw the defendant break into and enter the victim’s house and commit a burglary.
In reality, the person told the police officer that when he was passing by the crime scene, he only saw that the victim’s front door was slightly ajar and became concerned for her safety.
However, he did not see the defendant breaking into and entering the house.
In this instance, because the police officer knowingly made the false statement, he could be charged with the offense.
Who Can Be Charged With Issuing A False Report?
If you are a peace/police officer who intentionally and knowingly made materially false statements in a police report that you then submitted to your agency to be on the record, you can be charged with this offense.
Importantly, the police officer can be charged with the offense whether or not the false statements were made under the penalty of perjury.
How Can I Fight A Charge Of Issuing A False Report?
There are several legal defenses to a charge of issueing a false report.
Here are the most common ones:
Honest Mistake:
Because one of the elements is that the police officer knew that the statement he made was false, if he/she honestly but mistakenly believed the statement to be true, he/she could not be charged with the offense4.
Statement Was Made by Third Party:
To violate this code section, the false statement has to be made by the law enforcement official.
However, if he/she merely takes down a false statement made by someone else, he/she could not be charged with the offense.
For example, a police officer interviews the victim’s neighbor who falsely tells the police officer that he saw the robber and that the robber is the victim’s cousin who lives two doors down.
The police officer writes the statement in the report and files the report.
Unbeknownst to the police officer, the neighbor intentionally gave him false information because the victim’s cousin owns him a lot of money.
Although the police officer wrote the false statement in the report, because the neighbor made the false statement, the police officer could not charged with the offense.
However the neighbor could be charged with Making a False Report of a Crime Under California Penal Code 148.5.
Statement Was Immaterial:
As stated above, for the officer to be charged with the offense, the false statement has to be material.
However, if the statement would not influence the outcome of the proceedings, the officer could not charged with the offense.
What Are The Penalties & Punishment For Penal Code 118.1?
A charge of police officers issuing a false report can be either a misdemeanor or a felony offense depending on the circumstances and the defendant’s criminal history.
A charge of police officers issuing a false report can be either a misdemeanor in California or a felony offensedepending on the circumstances and the defendant’s criminal history.
Misdemeanor Penalty For Penal Code 118 PC:
The judge can issue a sentence of imprisonment in the county jail for up to one year;
Felony Penalty For Penal Code 118 PC:
The judge can issue a sentence of imprisonment in the state prison for one, two, or three years.
The judge can also grant probation and impose a small amount or no jail time.
Related Offenses
Perjury
Penal Code 118 pc – California’s perjury law is violated if the officer files a false report and then testifies under oath regarding the contents of the report which is untrue5.
False Report Of A Crime
Penal Code 148.5 PC – California’s Falsely reporting a crime law is intended to criminalize civil abuse of a false report of a crime to a police officer6.
How We Can Help
If you have been charged with filing a police report or you feel a police officer filed a police report in your case contact the los angeles criminal defense attorneys of the Aizman Law firm for a free consultation7 about your case 818-351-9555.
Footnotes
- California Penal Code 118.1. PC [↩]
- Elements. Penal Code Section 118.1. [↩]
- Information is “material” if it is probable that the information would influence the outcome of the proceedings, but it does not need to actually have an influence on the proceedings. Knowledge of Materiality is not necessary. Penal Code Section 123. [↩]
- Good Faith Belief Statement True Negates Intent. People v. Von Tiedeman (1898) 120 Cal. 128, 134 [52 P. 155] [cited with approval in People v. Hagen (1998) 19 Cal.4th 652, 663–664 [80 Cal.Rptr.2d 24, 967 P.2d 563]]; People v. Louie (1984) 158 Cal.App.3d Supp. 28, 43 [205 Cal.Rptr. 247]. [↩]
- Penal Code 126 PC [↩]
- Penal Code 148.4 PC – False Report of a Criminal Matter [↩]
- Our police filing false report defense attorneys serve clients in the following areas Santa Clarita Valley, Antelope Valley, San Fernando Valley, San Gabriel Valley, Southern California, Los Angeles County, Santa Monica, Hollywood, Glendale, Sherman Oaks, Encino, Studio City, Burbank, Van Nuys, Chatsworth, San Fernando, Reseda, WoodlandHhills, Santa Clarita, Valencia, Palmdale, Lancaster, Pasadena, Alhambra, Malibu, Ventura County, Ventura, Oxnard, Anaheim, Santa Barbara County, Orange County, San Bernadino County [↩]
I was pulled over for “white light emitting from my tail light” (cracked tail light). The Sheriff put his dog in my car, the dog found 3/4lb Marijuana. The officer then searched me and took $5K from me. He seized the $ and Pot, then sited me for the tail light and sent me on my way.
Somehow they got a warrant to search my home, when they searched my home, they took my copy of the original situation for broken tail light.
6 months later they put out an arrest warrant. Several years later I was pulled over for allegedly running a stop sign. When I went to court I discovered that I had been charged with a DUI.
I told my attorney that the DUI was a false charge, but he insisted that I plead to it as part of the Sentencing Deal/Agreement.
Later I went to court records and got a DL 157 showing that the alleged DUI was not found in the judicial records.
I wonder if the false DUI was a way of convincing the Judge to issue a warrant?
I imagine that they used my PG&E history to secure a search warrant.
I don’t imagine the DA fabricated the DUI Citation. I don’t think the Sheriff who pulled me over would change the reason for stopping me.
I believe that the Sheriffs’ Sargent, the one who reported the “bust” to the local News Paper, presumably, also the same who presented the Affidavit to get a search warrant, and, who lead the team who tore apart my home…
I believe he fraudulently reported to the Prosecuting DA.
What is my best course of action?
Hi Shawn: Your best course of action depends on what you are tying to accomplish. You can file a complaint with the internal affairs unit of the Sheriff’s Department. Beyond that, it depends on how aggressive you want to get.