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 West Virginia, making a false police report is considered a criminal offense under West Virginia Code §61-6-20. A person is guilty of this offense if they knowingly make a false statement or report to law enforcement officers or agencies about the commission of a crime, with the intent to deceive. The false report must be material to a criminal investigation. This offense is typically prosecuted as a misdemeanor, and the penalties may include fines, jail time, or both. The severity of the punishment can vary based on the circumstances of the case and the discretion of the court. It is important for individuals to understand that making a false report not only wastes law enforcement resources but also carries legal consequences that can impact one's criminal record and future.