Being disbelieved, or having a case dismissed, does not by itself mean anyone broke the law. But a person who knowingly makes a false crime report to police or a prosecutor, or knowingly states a material falsehood under oath or under penalty of perjury, can face criminal charges of their own under California’s false report and perjury statutes.
The knowledge requirement is what matters
Every version of the false report statute requires that the person knew the report was false when they made it, and perjury requires a willful statement of something the person knows is false. A witness who later recants, changes an account, or is simply not believed has not, by that fact alone, been shown to have known the original report was false. A report can be mistaken, or simply unproven, without being knowingly false.
False reports to police or a prosecutor
Penal Code section 148.5 makes it a misdemeanor to report that a felony or misdemeanor was committed, knowing the report is false, to certain peace officers, the Attorney General or a deputy attorney general, or a district attorney or deputy district attorney. The same misdemeanor applies to a false report made to any other peace officer, or to an employee assigned to take reports from the public for a police department, sheriff’s office, or other listed law enforcement agency, but only if the false information was given while that person was performing those duties and the reporter knew or should have known their role. A knowingly false report to a grand jury is also a misdemeanor. The statute does not apply to reports by people whom the law requires to report suspected child abuse, dependent adult abuse, or elder abuse.
The statute reaches reports to those official recipients. By its own terms, it does not cover a false account told only to family, friends, or a therapist, or posted on social media.
Lying under oath or in a sworn declaration
A domestic violence restraining order can be issued based solely on the affidavit or testimony of the person asking for it, if it shows reasonable proof of a past act or acts of abuse (Family Code section 6300). Perjury covers willfully stating as true a material matter the person knows is false, either under oath or in a statement made under penalty of perjury where California law permits one (Penal Code section 118). So a knowingly false statement about a material fact in a sworn affidavit, in a declaration signed under penalty of perjury, or in testimony at the hearing can be perjury. An accusation that was never made under oath or penalty of perjury is not.
Perjury has its own proof limit
No one can be convicted of perjury when the only proof that the statement was false is the contrary testimony of one other person (Penal Code section 118(b)). Falsity can be proved with direct or circumstantial evidence, but if the only evidence is the accused’s own contrary account, that is not enough. Disagreeing with what someone reported is not, by itself, a path to a perjury charge against them.
This is a prosecutor’s decision, not yours
The district attorney is the public prosecutor unless the law provides otherwise, and decides, within its discretion, which prosecutions to bring (Government Code section 26500). Neither a false report charge nor a perjury charge follows automatically from a dismissal, an acquittal, or a recantation in the domestic violence case, and your certainty that you were lied about is not proof that the other person knew the report was false. If you believe a report about you was knowingly false, raise it with your lawyer, who can decide whether and how to bring it to the prosecutor’s attention. Do not contact the person yourself; that can violate a protective order and create new problems in your own case.
If you are dealing with a domestic violence accusation you believe was knowingly false, the Law Offices of David S. Chesley can go over the evidence with you and where a false-report or perjury referral might fit. Call (800) 755-5174 to discuss your case.