You talked to the police about something that happened. Maybe you called them. Maybe they came to you. Later, they decided what you told them wasn’t true. Now you have a court date for “false report of a crime.” Here’s what that charge means.
I’ll go through it in order: what the law says, what the Commonwealth has to prove, the penalties, related charges, and where a defense comes from. “The Commonwealth” means the State of Massachusetts. It’s the side that brings the case against you.
What False Report of a Crime Means
It’s a crime to make a false report of a crime to the police on purpose, or to get someone else to make one.
The law is G.L. c. 269, § 13A. It’s one sentence: “Whoever intentionally and knowingly makes or causes to be made a false report of a crime to police officers shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment in a jail or house of correction for not more than one year, or both.”
This law doesn’t cover every untrue thing said to the police. It covers a false report of a crime, made to police officers, by someone who knows it’s false and means to make it.
What Counts as a “Report of a Crime”
The law covers a report of a crime, whether you make it yourself or get someone else to make it.
The law doesn’t define “report” or “crime.” In plain words, it means telling the police that a crime happened. The Commonwealth has to prove that what was said fits those words.
The law says “makes or causes to be made.” “Makes” means you gave the report yourself. “Causes to be made” means someone else gave it, but you brought it about. Both are treated the same. If the Commonwealth says you got someone else to report, it still has to prove every other part of the charge against you, including what you knew and meant.
Who Gets the Report: Police Officers
The false report has to be made to “police officers.” That’s the only group the law names.
The law doesn’t mention reports made to anyone else. A false call to a 911 center is covered by a different law, listed under related charges.
The Report Has to Be False
The report has to be false, and the Commonwealth has to prove it.
The law doesn’t define “false.” It doesn’t say a report is false just because the police couldn’t confirm it, because no one was charged, or because some details changed when you told the story again. The Commonwealth has to prove the report was false.
“Intentionally and Knowingly”
You have to act “intentionally and knowingly.” Both words are part of the charge.
The law doesn’t define them. In everyday words, “intentionally” means on purpose. “Knowingly” means you were aware of what you were doing. Here, that means you knew the report was false. For more, see my articles on knowledge in criminal law and criminal intent.
An honest mistake, a misunderstanding, or a report made while confused isn’t the same as making a false report on purpose. My article on the accident defense explains the difference between doing something on purpose and something that happens by accident.
What the Commonwealth Must Prove
The Commonwealth has to prove each of these parts beyond a reasonable doubt. That’s the highest level of proof in the law.
- You made a report of a crime, or got someone else to make it.
- The report was made to police officers.
- The report was false.
- You made it, or got it made, intentionally and knowingly.
These parts come straight from the law’s words. If the Commonwealth can’t prove one of them, the charge fails.
The law doesn’t require proof that the police opened a full investigation, that anyone else was charged, or that the report caused any harm.
A Misdemeanor, Heard in District Court
False report of a crime is a misdemeanor, the less serious category of crime, and the district court can hear it.
Under G.L. c. 274, § 1, “a crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.” Section 13A has no state prison term. Under G.L. c. 218, § 26, the district courts can hear “all misdemeanors, except libels.” The superior court shares that power.
Penalties
The penalty is a fine, up to one year in jail, or both.
- A fine of $100 to $500.
- Up to 1 year in a jail or house of correction. A house of correction is a county jail, not state prison.
- Or both the fine and the jail time.
These are the limits the law sets. They don’t tell you what will happen in your case.
Section 13A has no state prison term, no required minimum jail time, and no restitution clause. Restitution means paying back someone’s losses. The 911 and threat laws listed below each have their own restitution rules.
Related Charges
A few other laws cover lies to police and false or threatening messages, and each is a separate crime.
- False information to 911 (G.L. c. 269, § 14B): false information to a 911 center that sends help to a fake emergency or the wrong place.
- Threats about bombs, guns, or other dangerous items (G.L. c. 269, § 14): a threat that something dangerous is or will be at a place, even if it isn’t.
- Misleading a police officer (G.L. c. 268, § 13B): misleading police to get in the way of a criminal investigation; see intimidation of a witness.
- False name upon arrest (G.L. c. 268, § 34A): giving police false information about who you are after an arrest.
- Compounding or concealing a felony (G.L. c. 268, § 36): taking money or a reward to hide a felony or not give evidence about it.
Defenses Built on the Law’s Words
Every part the Commonwealth can’t prove is a defense. These are the questions the law raises.
- Was what you said really a report of a crime?
- Was it made to police officers?
- Did you make the report, or get it made?
- Was the report really false, or just unconfirmed, incomplete, or mistaken?
- Did you act “intentionally and knowingly”?
- Is a different law, like § 14B or § 13B, being used, and are its separate parts proved?
These aren’t a checklist for any one case. They’re the points where the law puts the burden on the Commonwealth.
Frequently Asked Questions
Is making a false report of a crime a felony in Massachusetts?
No. A felony is a crime that can be punished by state prison. Section 13A allows a fine, county jail, or both, so it’s a misdemeanor.
What is the most I can get under § 13A?
A fine of $100 to $500, up to 1 year in a jail or house of correction, or both.
Can I be charged if someone else made the report?
Yes, if you got them to make it. The law covers a person who “makes or causes to be made” a false report. The Commonwealth still has to prove you caused it, and that you acted intentionally and knowingly.
Is a mistaken report a crime?
Not under § 13A. The report has to be false and made intentionally and knowingly. A mistake isn’t that.
Does § 13A cover false 911 calls or bomb threats?
No. False information to a 911 center is covered by G.L. c. 269, § 14B. Threats about bombs and other dangerous items are covered by G.L. c. 269, § 14, which is a felony.
Facing a False Report Charge? Talk to a Lawyer
This charge turns on what you said, who you said it to, whether it was false, and what you knew and meant. You don’t have to face it alone. The Law Office of William J. Barabino in Medford has over 23 years of experience in Massachusetts criminal defense and represents clients throughout Greater Boston.
Call 781-393-5900 to talk about your charge and your options.
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Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
