Is it illegal to falsely report a crime?
Massachusetts General Laws Chapter 269, Section 13A punishes people who falsely report a crime. To be convicted of this offense, the person reporting the crime must have acted deliberately and not made a mistake or acted negligently.
Sometimes, people will intentionally try to disrupt and distract police from investigating a crime. However, often times it is someone who gives inconsistent or vague information to an officer. Or on occasion, the defendant was under the influence of drugs or alcohol.
Some common questions that relate to false report of a crime include:
- What does the Commonwealth need to prove in order to convict a defendant of the offense?
What does the government need to show to prove I falsely reported a crime?
In order to prove a defendant guilty of the offense of falsely reporting a crime, the Commonwealth must prove all of the following beyond a reasonable doubt:
- The defendant reported a crime to a police officer, or caused such a report
- The report was false
- That the defendant intended to make the false report to a police officer and not made merely by accident or through negligence
- The defendant knew that the report he or she was making or causing to be made was false
Moreover, if the Commonwealth proves all four elements of the offense beyond a reasonable doubt, the defendant is guilty. Likewise, if the Commonwealth has failed to prove any element of the offense beyond a reasonable doubt, the defendant is not guilty.
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH FALSELY REPORTING A CRIME, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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