You might have guessed that there are some consequences to filing a false police report. In fact, it is actually a criminal offense. There are penalties and fines associated with this charge. Notwithstanding, it is up to the prosecution to prove guilt beyond a reasonable doubt.
The Law Regarding Fraudulent Reports to Law Enforcement
The law regarding fictitious police reports is found in NJSA 2C:28-4, and includes the following, which are considered disorderly persons offenses:
Reporting or being the cause of someone else reporting an incident that never happened
Pretending to give valid information to law enforcement authorities, knowing that the individual really has no knowledge
This section of the law also deals with giving false information to the police, with the intent of incriminating someone for an offense they did not commit. This is actually a more serious charge, as it is considered a crime of the fourth degree. It is an indictable offense.
Must be proven beyond a Reasonable Doubt
The standard for all criminal charges is that the accused must be proven to be guilty beyond a reasonable doubt. A recent unpublished opinion decided by the New Jersey Appellate Division considered this issue. State v. L.S., Number A-2523-13T2 (App. Div.: February 23, 2016) found that the State had not proven that the defendant had filed a fictitious police report.
L.S. was a college student who reported a sexual assault to the local police. The defendant told law enforcement officials that the incident occurred on campus. She also claimed that she did not know her assailant. In subsequent conversations with school officials, L.S. changed her story. She admitted that she knew the person who assaulted her and that the incident did not occur on campus. The school contacted the police to provide them with updated information.
When L.S. was brought to police headquarters, she was read her Miranda rights. She gave a different version of the alleged sexual assault. Subsequently, the young woman was charged with reporting that she was a victim of sexual assault on campus. The municipal judge found L.S. guilty of making a fraudulent police report, by falsely stating the location of the attack. She also indicated that she did not know the supposed assailant, when she later identified him. The matter of whether a sexual assault was not considered by the municipal judge.
The case was appealed and brought to superior court, where the municipal court ruling was upheld. When the case reached the Appellate Division, the court disagreed. L.S. admitted that she gave false information regarding the location and knowledge of her assailant. Notwithstanding, the State did not prove beyond a reasonable doubt that the defendant had made up the story about the sexual assault.
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At the Law Offices of Beninato & Matrafaljo, we have significant trial experience. If you are accused of a crime of this nature, please contact us to schedule an appointment.
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