Filing a False Report
Individuals choose to file false reports for a variety of reasons, but the filing of false reports seem to be the most common in domestic cases and divorces, where one person feels like they can "get" the other person by informing the authorities that the other person has committed some illegal act, such as domestic assault. Often in such cases, the alleged victim later decides that he or she does not want to testify at trial against the defendant but then changes his or her tune when the prosecutor tells them that if they do not testify against the defendant they could be charged with filing a false report, essentially blackmailing the witness into testifying against the defendant and potentially destroying any relationship the two individuals may have. If you or someone you know is ever subjected to such a threat, it will be important to know what type of conduct constitutes the offense of filing a false report.
The statute covering filing a false report, T.C.A. 39-16-502, designates three different types of conduct that qualify as filing a false report:
(a) It is unlawful for any person to:(1) Initiate a report or statement to a law enforcement officer concerning an offense or incident within the officer's concern knowing that:
(A) The offense or incident reported did not occur;
(B) The person has no information relating to the offense or incident reported; or
(C) The information relating to the offense reported is false; or
(2) Make a report or statement in response to a legitimate inquiry by a law enforcement officer concerning a material fact about an offense or incident within the officer's concern, knowing that the report or statement is false and with the intent to obstruct or hinder the officer from:
(A) Preventing the offense or incident from occurring or continuing to occur; or
(B) Apprehending or locating another person suspected of committing an offense; or
(3) Intentionally initiate or circulate a report of a past, present, or impending bombing, fire or other emergency, knowing that the report is false or baseless and knowing:
(A) It will cause action of any sort by an official or volunteer agency organized to deal with those emergencies;
(B) It will place a person in fear of imminent serious bodily injury; or
(C) It will prevent or interrupt the occupation of any building, place of assembly, form of conveyance, or any other place to which the public has access.
Thus, a person can essentially be charged under this statute for initiating a false police report when that person knows that the report is not true, providing false information to an officer who is responding to a call, or reporting an emergency of some sort knowing that there is no such emergency. Engaging in such a behavior is a Class D felony, with the exception of the behavior set out under (3) above, which is a Class C felony. Regardless of which section of the statute someone is charged under, he or she can be facing more than a decade in prison if convicted. If you or someone you knows is facing or may be facing a charge of filing a false report, contact an East Tennessee criminal defense attorney serving Sullivan, Washington, Knox, Sevier, Jefferson, Greene, and surrounding counties.
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