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 Virginia, making a false police report is considered a criminal offense under Virginia Code § 18.2-461. A person is guilty of this offense if they knowingly make a false report of a crime to a law enforcement official with the intent to mislead. The law specifies that the false report must be about a crime that did not actually occur. This offense is typically charged as a Class 1 misdemeanor, which can result in penalties including up to 12 months in jail, a fine of up to $2,500, or both. However, if the false report is made with the intent to implicate another person in a crime, the offense can be elevated to a Class 6 felony, which carries a more severe penalty of one to five years in prison, or, at the discretion of the court or jury, up to 12 months in jail and a fine of up to $2,500.