575.080. False reports — penalty. — 1. A person commits the offense of making a false report if he or she knowingly:
(1) Gives false information to any person for the purpose of implicating another person in an offense; or
(2) Makes a false report to a law enforcement officer that an offense has occurred or is about to occur; or
(3) Makes a false report or causes a false report to be made to a law enforcement officer, security officer, fire department or other organization, official or volunteer, which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred or is about to occur.
2. It is a defense to a prosecution under subsection 1 of this section that the person retracted the false statement or report before the law enforcement officer or any other person took substantial action in reliance thereon.
3. The defendant shall have the burden of injecting the issue of retraction under subsection 2 of this section.
4. The offense of making a false report is a class B misdemeanor.
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 1987–2021 · leading case:
State v. Worsham, 732 S.W.2d 209 (Mo. Ct. App. 1987).
State v. Worsham, 732 S.W.2d 209 (Mo. Ct. App. 1987).
· cites it 11× “Jessie Worsham appeals from a conviction of making a false report in violation of § 575.080 RSMo 1978 in a jury waived trial.”
State v. Kalk, 299 S.W.3d 43 (Mo. Ct. App. 2009).
· cites it 4× “085, RSMo 2000, [1] and Count II, a class B misdemeanor, making a false report, in violation of Section 575.080. The information alleged that, on February 21, 2006, at approximately 12:30 p.”
State v. Willyard, 847 S.W.2d 948 (Mo. Ct. App. 1993).
· cites it 6× “Defendant appeals his conviction, in this bench-tried ease, of making a false report, a class B misdemeanor, § 575.080, RSMo 1986. Defendant was sentenced by the court to a term of six months in the county jail, but execution of the sentence was suspended, contingent upon…”
State v. Howe, 171 S.W.3d 799 (Mo. Ct. App. 2005).
· cites it 2× “Following trial on July 14, 2004, a jury convicted Defendant of making a false po *801 lice report in violation of Section 575.080. 1 The jury recommended a sentence of a fíne and ninety days in jail.”
Coleman v. State, 407 P.3d 502 (Alaska Ct. App. 2017).
“Mo. Rev. Stat. § 575.080 (2). 54 . See State v.”
State of Missouri v. Giovanni Barcelona, 463 S.W.3d 442 (Mo. Ct. App. 2015).
“020, and the class B misdemeanor of making a false report, § 575.080. At trial, Barcelona admitted guilt as to the misdemeanor offenses, and the jury found him guilty of the two felony offenses.”
State v. Midgyett, 301 S.W.3d 533 (Mo. Ct. App. 2009).
· cites it 2× “270, and making a false report, section 575.080. We affirm pursuant to Rule 30.”
Hale v. State, 137 S.W.3d 501 (Mo. Ct. App. 2004).
· cites it 3× “Hale was convicted in Gasco-nade County of one count of a violating section 575.080 RSMo 2000, making a false report to police officers.”
Brand v. City of Wentzville (E.D. Mo. 2021).
· cites it 2× “As to Sergeant Schoolcraft and Detective Schulte, Plaintiff states that they both demonstrated “implicit bias towards [her] and [her] situation,” which caused them to “botch the investigation.”
Strauser v. State, 46 S.W.3d 667 (Mo. Ct. App. 2001).
· cites it 3× “015, RSMo 2000; and making a false report, Section 575.080, RSMo 2000, for which Movant was sentenced to consecutive terms of eleven and four years’ imprisonment in the Missouri Department of Corrections for assault and armed criminal action and ordered to pay a fine of $500 for…”
State v. Strauser, 996 S.W.2d 751 (Mo. Ct. App. 1999).
· cites it 3× “015, RSMo 1994, and a fíne of $500 for making a false report, section 575.080, RSMo. We affirm. We have reviewed the briefs of the parties and the record on appeal and find that no error of law appears.”
Brand v. City of Wentzville (E.D. Mo. 2021).
“3 RSMo § 575.080 is a Missouri criminal statute providing the elements and penalty for false reports.”
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