(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.
Notes of Decisions
Hagberg v. California Fed. Bank FSB, 81 P.3d 244 (Cal. 2004).
· cites it 2× “1 makes it a crime for a peace officer to knowingly and intentionally make a false statement regarding a material matter in a report. Thus, unlike most of the prelitigation communications to which the absolute immunity of Civil Code section 47(b) has been extended, false reports…”
People v. Corella, 122 Cal. App. 4th 461 (Cal. Ct. App. 2004).
“Because this testimony might have been a self-incriminating admission of falsely reporting a crime to the police (Pen. Code, § 148.5), the court stopped the hearing and appointed counsel for Mrs.”
Eduard Safaryan v. William Barr, 975 F.3d 976 (9th Cir. 2020).
“Safaryan was charged with three counts: assault with a deadly weapon other than a firearm in violation of California Penal Code § 245(a)(1); assault by means likely to produce great bodily injury in violation of the same provision; 1 and filing a false report of a crime in…”
Johnson v. State, 542 A.2d 429 (Md. Ct. Spec. App. 1988).
· cites it 2× “, Cal.Penal Code § 148.5 (West 1988); Fla. Stat.”
People v. Powell, 181 Cal. App. 4th 304 (Cal. Ct. App. 2010).
“(a)—count 4), and conspiracy to file a false police report (Pen. Code, §§ 148.5, 182, subd. (a)(1)—count 5).”
Hunsucker v. Sunnyvale Hilton Inn, 23 Cal. App. 4th 1498 (Cal. Ct. App. 1994).
“that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor.” 5 A qualified privilege attaches to publications made “[i]n a communication, without malice, to a person interested therein, (1) by one who is also interested .”
Pena v. Mun. Court, 96 Cal. App. 3d 77 (Cal. Ct. App. 1979).
“Appellant Gloria Pena was charged with making a false report of a criminal offense to a police officer (Pen. Code, § 148.5) by a complaint filed in Tulare County Municipal Court on June 12, 1978.”
People v. Lizarraga, 110 Cal. App. 4th 689 (Cal. Ct. App. 2003).
“Code, § 484), falsely reporting a crime (Pen. Code, § 148.5, subd. (a)), and receiving stolen property.”
People v. Ana C., 2 Cal. App. 5th 333 (Cal. Ct. App. 2016).
“Code, § 31), and falsely reporting a crime to a peace officer (Pen. Code, § 148.5, subd. (a)). Minor admitted two misdemeanor counts (resisting arrest, and falsely reporting a crime) and the remaining counts were dismissed.”
People v. Lawson, 100 Cal. App. 3d 60 (Cal. Ct. App. 1979).
· cites it 2× “(Pen. Code, § 148.5.) The matter is before us on transfer from the Appellate Department of the Los Angeles County Superior Court.”
Hamilton v. City of San Bernardino, 107 F. Supp. 2d 1239 (C.D. Cal. 2000).
“They point to Cal.Pen.Code § 148.5 (“Section 148.5”), which provides that every person who knowingly files a false report with a peace officer, district attorney, or grand jury that a felony or a misdemeanor has been committed is guilty of a misdemeanor.”
Cal. Penal Code § 148.5(a): 2 cases
Eduard Safaryan v. William Barr, 975 F.3d 976 (9th Cir. 2020).
“Safaryan was charged with three counts: assault with a deadly weapon other than a firearm in violation of California Penal Code § 245(a)(1); assault by means likely to produce great bodily injury in violation of the same provision; 1 and filing a false report of a crime in…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.