4.419 — FILING OF A FALSE REPORT
Violations of "Statute 4.419" results in a Class A Misdemeanor
(a) Definitions
Filing of a false report refers to the act of knowingly providing false or misleading information to law enforcement, government officials, or any other entity authorized to receive such reports, with the intent to deceive or mislead the recipient.
(b) Elements
To establish the offense of filing a false report, the prosecution must prove beyond a reasonable doubt the following elements:
The defendant knowingly made a false or misleading statement or report to a law enforcement officer, government agency, or other authorized entity.
The false report was made with the intent to mislead or deceive the recipient.
The defendant knew or should have known that the information provided was false at the time the report was filed.
(c) Defenses
Defenses against a charge of filing a false report may include:
The defendant did not knowingly or intentionally file a false report and was acting under a genuine misunderstanding or lack of knowledge.
The defendant did not have the requisite intent to deceive, and the report was filed in good faith or as a result of an honest error.
The defendant can demonstrate that they were coerced, threatened, or under duress when filing the false report.
(d) Aggravating Factors
The court may consider the following aggravating factors when determining the severity of the offense:
The defendant’s false report resulted in significant harm, such as the waste of government resources, a wrongful investigation, or the conviction of an innocent person.
The defendant has a prior history of filing false reports or engaging in similar fraudulent behavior.
The false report was made to cover up a more serious crime or to manipulate the outcome of an investigation.
(e) Enhanced Penalties for Law Enforcement Officers or Government Officials
If the defendant is a Law Enforcement Officer or Government Official, enhanced penalties may apply. These enhanced penalties take into account the trust placed in such individuals to uphold the law and the serious breach of that trust when they file false reports. Enhanced penalties may include:
A Law Enforcement Officer or Government Official who files a false report will be charged with a Class E Felony, punishable by up to 5 years of imprisonment and/or fines up to $X.
The court may also impose additional sanctions, including suspension or revocation of professional licenses, disqualification from holding public office, and possible civil liability for damages caused by the false report.
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