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 North Dakota, making a false police report is considered a criminal offense under North Dakota Century Code 12.1-11-05. A person is guilty of this offense if they knowingly make a false or misleading statement about a crime or incident that they know did not occur, or they exaggerate or distort the facts of an incident that did occur, with the intent to deceive a law enforcement officer or agency. This includes making false statements to peace officers, federal special investigators, authorized employees of law enforcement agencies, corrections officers, or jailers. The severity of the charge can be a misdemeanor or a felony, depending on the circumstances and the potential impact of the false report on the criminal investigation. Penalties for making a false report can include fines, imprisonment, community service, and probation. The specific classification of the offense and the associated penalties are determined by the details of the false report and the discretion of the prosecuting attorney.