O.C.G.A.
O.C.G.A.

O.C.G.A. § 16-10-26 (2019)

False report of a crime

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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A person who willfully and knowingly gives or causes a false report of a crime to be given to any law enforcement officer or agency of this state is guilty of a misdemeanor.

History

(Code 1933, § 26-2509, enacted by Ga. L. 1968, p. 983, §§ 1, 2; Ga. L. 1969, p. 857, § 11.)

Annotations

Cross references. - Criminal penalty for knowingly making false report of theft or conversion of motor vehicle, § 40-3-92. JUDICIAL DECISIONS No civil duty imposed by criminal statute. - Injured party was not able to recover under O.C.G.A. § 51-1-6 for the declarant’s alleged violation of the criminal statutes O.C.G.A. § 16-10-26, prohibiting giving a false report of a crime, and O.C.G.A. § 16-10-24, prohibiting obstructing or hindering the police, as these statutes did not provide for a civil cause of action; furthermore, the legislature provided statutory civil remedies in the form of false arrest under O.C.G.A. § 51-7-1 and malicious prosecution under O.C.G.A.

§ 51-7-40. Jastram v. Williams, 276 Ga. App. 475, 623 S.E.2d 686 (2005). Venue. - Evidence was insufficient to prove venue for charges of making a false writing and making a false police report because, despite the fact that the state introduced evidence to show where the defendant allegedly committed the crimes, the state did not prove that the city was entirely within the forum county. Lembcke v. State, 277 Ga. App. 110, 625 S.E.2d 505 (2005). Conviction authorized by evidence. See Dunn v. State, 169 Ga. App. 368, 312

S.E.2d 851 (1983); Gibson v. State, 243 Ga. App. 610, 533 S.E.2d 783 (2000). Application of the rule of lenity. - Defendant’s conduct, as charged, subjected the defendant to prosecution and sentencing under both O.C.G.A. §§ 16-10-20 and 16-10-26 as the defendant willfully and knowingly made a false statement to law-enforcement officers by falsely reporting a crime the defendant alleged to have occurred in the officers’ jurisdiction. Because the two statutes provided different grades of punishment for the same criminal conduct, the defendant was entitled to the rule of lenity. Gordon v. State, 334 Ga. App. 633, 780 S.E.2d 376 (2015). Defendants’ felony convictions for making false statements had to be vacated and the defendants resentenced for misdemeanor making a false report of a crime because the defendants’ conduct, as charged, subjected the defendants to prosecution and sentencing under both O.C.G.A. §§ 16-10-20 and 16-10-26, which

provided different grades of punishment, entitling the defendants to the rule of lenity. Marlow v. State, 339 Ga. App. 790, 792 S.E.2d 712 (2016). Evidence sufficient for conviction. - Despite the defendant’s claim that the defendant did not use the specific words ‘‘reckless conduct’’ or ‘‘aggravated assault’’ or name the crime the defendant alleged a school superintendent committed, the defendant’s statements were sufficient to support a conviction for making a false report of a crime as O.C.G.A. § 16-10-26 does not require specific language as an element of the crime. Knowles v. State, 342 Ga. App. 344, 801 S.E.2d 582 (2017). Cited in Del Rio v. State, 171 Ga. App. 381, 320 S.E.2d 236 (1984); Williams v. State, 171 Ga. App. 807, 321 S.E.2d 386 (1984); Veal v. State, 211 Ga. App. 879, 440 S.E.2d 762 (1994); Draper v. Reynolds, 278 Ga. App. 401, 629 S.E.2d 476 (2006); Evans v. State, 287 Ga. App. 74, 651 S.E.2d 363 (2007); Ferman v. Bailey, 292 Ga. App. 288, 664 S.E.2d 285 (2008).

OPINIONS OF THE ATTORNEY GENERAL Maintenance of records by Georgia Crime Information Center regarding violations of former Code 1933, § 26-2509

(see now O.C.G.A. § 16-10-26). See 1976 Op. Att’y Gen. No. 76-33.

RESEARCH REFERENCES C.J.S. - 67 C.J.S., Obstructing Justice or Governmental Administration, § 34.

Notes of Decisions
Cited in 25 cases (3 in the last 5 years), 1983–2022 · leading case: Gordon v. the State, 780 S.E.2d 376 (Ga. Ct. App. 2015).
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Gordon v. the State, 780 S.E.2d 376 (Ga. Ct. App. 2015). · cites it 9× “[”] Neither the false report of a crime statute nor the false report ofa theft statute (OCGA §§ 16-10-26 and 40-3-92) contains the false statement statute’s element that the falsity concern a matter within the jurisdiction of a governmental entity.”
Anthony v. Am. Gen. Fin. Servs., Inc., 697 S.E.2d 166 (Ga. 2010). · cites it 4× “2d 686 (2005) (violations of OCGA §§ 16-10-26 and 16-10-24, which make it a crime to knowingly give a false crime report to police and to knowingly obstruct a police officer, do not create a private cause of action); Doyle Dickerson Co.”
Robert Trim v. State, 792 S.E.2d 712 (Ga. Ct. App. 2016). · cites it 6× “” 17 Accordingly, we vacate the appellants’ sentences for the felony offense of making a false statement and remand for resentencing for the misdemeanor offense of making a false report of a crime, OCGA § 16-10-26. 18 3. The appellants argue that the trial court erred by failing…”
Cuyuch v. State, 667 S.E.2d 85 (Ga. 2008). · cites it 4× “” OCGA § 16-10-26. 14 Id. at 827 (quoting Lilly v.”
Knowles v. the State, 801 S.E.2d 582 (Ga. Ct. App. 2017). · cites it 6× “OCGA § 16-10-26 provides: “A person who willfully and knowingly gives or causes a false report of a crime to be given to any law enforcement officer or agency of this state is guilty of a misdemeanor.”
Haley v. State, 712 S.E.2d 838 (Ga. 2011). · cites it 2× “, OCGA § 16-10-26 (“A person who willfully and knowingly gives or causes a false report of a crime to be given to any law enforcement officer or agency of this state is guilty of a misdemeanor.”
Jastram v. Williams, 623 S.E.2d 686 (Ga. Ct. App. 2005). · cites it 6× “After a dismissal or a nolle prosequi was entered on the criminal charges, Jastram claimed he had a right to recover damages against Williams under OCGA § 51-1-6 because the alleged false statements breached a duty owed to him by Williams not to falsely report a crime in…”
Draper v. Reynolds, 629 S.E.2d 476 (Ga. Ct. App. 2006). · cites it 4× “See OCGA § 16-10-26. 5 Because the federal court concluded that Reynolds had probable cause to arrest Draper for both offenses, Draper is further collaterally estopped from claiming that the report of these offenses was false.”
Gibson v. State, 533 S.E.2d 783 (Ga. Ct. App. 2000). · cites it 4× “When considering whether there was a fatal variance between the proof and the allegation in the indictment in a case alleging filing a false police report, we held: OCGA § 16-10-26 provides that a person who willfully and knowingly gives or causes a false report of a crime to be…”
Ferman v. Bailey, 664 S.E.2d 285 (Ga. Ct. App. 2008). · cites it 2× “Because it is a crime to wilfully and knowingly file a false police report (see OCGA § 16-10-26), Ferman’s alleged statements were sufficient to serve as the basis for a claim of slander per se.”
Johnson v. State, 542 A.2d 429 (Md. Ct. Spec. App. 1988). · cites it 2× “); Ga. Code Ann. § 16-10-26 (1984, 1987 Cum.”
Evans v. State, 651 S.E.2d 363 (Ga. Ct. App. 2007). · cites it 2× “2 OCGA§ 16-10-26. 3 (Citation and punctuation omitted.”
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