Florida Statute Section 817.49 states that it is a criminal offense for a person to willfully and knowingly give false information or make a false police report concerning a crime that the person knows did not actually take place. An individual can also be charged with this crime if they cause a false report or information to be given to police, even if they did not personally deliver the information.
Proving False Reports at Trial
To prove the offense of a false police report, the State must prove the following four elements beyond a reasonable doubt:
The individual willfully gave or provided false information or a report about the alleged commission of a crime under Florida law to law enforcement officers.
The individual knew the information or report was false because he or she knew that no such crime had been committed.
The law enforcement officer who received the report was actually a law enforcement officer.
The individual knew that the law enforcement officer was actually a law enforcement officer.
Giving false information to a police officer is often confused with filing a false report, but these are two separate offenses. While filing a false report involves intentionally reporting a crime that the individual knew did not occur, giving false information is when a crime did occur, but the individual intentionally offers false information about the incident.
Florida Statute 837.055 states that the crime of providing false information to law enforcement is committed when an individual knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation with the intent to mislead the officer or impede the investigation.
Penalty for False Information
The penalty for giving false information to law enforcement during an investigation is a first degree misdemeanor punishable by up to one year in prison and a fine up to $1,000. If the false information is related to a missing child sixteen years of age or younger who suffers great bodily harm or death, the crime is reclassified as a third degree felony. It is also a felony of the third degree for a person to knowingly offer false information to a law enforcement officer regarding an alleged capital felony.
Proving False Information at Trial
The affirmative act of giving false information is necessary to convict an individual for this offense. To prove the crime of giving false information concerning the commission of a crime, the State must prove the following five elements beyond a reasonable doubt:
The individual knowingly gave information about the alleged commission of a crime.
The individual knew the information was false.
The individual gave the false information to the law enforcement officer.
The law enforcement officer who received the information was actually a law enforcement officer.
The individual knew that the law enforcement officer was a law enforcement officer.
The necessary proof to convict a person of a third-degree felony, based on a prior conviction, requires corroboration by one of the following:
An audio recording, or an audio recording in a video of the false information;
a written or recorded statement made by the person who gave the information; or
another person who was present when the person gave that information to the officer and heard that information;
the information the person gave to the law enforcement officer was communicated in writing.
Tallahassee Criminal Justice Attorney
Even when you are falsely accused, there is no way to guarantee you will not be convicted of criminal charges. The most important step you can take is to consult a criminal defense attorney who can provide you with insight on the next steps to take. Don Pumphrey and the legal staff of Pumphrey Law have more than two decades of combined legal experience with the Florida criminal justice system. Call (850) 681-7777 or send an online message today to discuss your rights during an open and free consultation with an attorney in our legal team.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.