It is a criminal offense to make a false police report of a crime—knowingly and with the intent to deceive—if the statement is material to a criminal investigation and is made to (1) a peace officer or federal special investigator conducting the investigation; (2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the person making the statement knows is conducting the investigation; or (3) a corrections officer or jailer.

The crime of making a false police report may be prosecuted as a misdemeanor or as a felony, depending on the state, and is punishable in many states by jail time, fines, community service, and probation. The definitions and punishments for the crime of making a false police report vary from state to state and are usually located in a state’s statutes.

In Delaware, making a false police report is considered a criminal offense under Title 11, Section 1245 of the Delaware Code. A person is guilty of falsely reporting an incident when, knowing the information reported, conveyed or circulated to be false or baseless, he or she: (1) initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a crime, catastrophe, or emergency under circumstances in which it is likely public alarm or inconvenience will result; or (2) reports, to law enforcement authorities, an alleged occurrence or impending occurrence of a crime, catastrophe, or emergency which did not in fact occur or does not in fact exist. Depending on the circumstances and the severity of the situation caused by the false report, the offense can be classified as a misdemeanor or a felony. Penalties for making a false police report in Delaware can include fines, imprisonment, or both, and may also involve probation or community service.