It is a criminal offense to make a false police report of a crime—knowingly and with the intent to deceive—if the statement is material to a criminal investigation and is made to (1) a peace officer or federal special investigator conducting the investigation; (2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the person making the statement knows is conducting the investigation; or (3) a corrections officer or jailer.
The crime of making a false police report may be prosecuted as a misdemeanor or as a felony, depending on the state, and is punishable in many states by jail time, fines, community service, and probation. The definitions and punishments for the crime of making a false police report vary from state to state and are usually located in a state’s statutes.
In North Carolina, making a false report to law enforcement agencies or officers is a criminal offense under North Carolina General Statutes § 14-225. This statute makes it unlawful for any person to willfully make or cause to be made to a law enforcement agency or officer any report, which he or she knows or should know is false, concerning the commission of a crime, knowing the report to be false. This offense is typically classified as a Class 2 misdemeanor, which can result in penalties such as fines, probation, and possible jail time. However, if the false report leads to someone being wrongfully indicted for a felony, the person who made the false report may be charged with a Class H felony, which carries more severe penalties, including a longer potential prison sentence. The specific circumstances of the false report, such as the intent behind it and the consequences that ensue, can influence the severity of the charges and the punishment imposed.