Police Officers Issuing False Reports | Penal Code § 118.1

Description

The crime of Police Officers Issuing False Reports may be charged against any peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of any crime knowingly and intentionally makes any statement otherwise expressly reported as true.

What does the prosecutor have to prove?

1. Defendant is a Peace Officer.
2. Defendant filed a report with the agency that employs him or her regarding the commission of any crime or any investigation of any crime.
3. Defendant knowingly and intentionally made a statement regarding any material matter in the report.
4. Defendant knew that such statement was false. [PC 118.1]

Punishment

Felony: 1year/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No