Penal Code 148.5 makes it a misdemeanor to report to a peace officer or agency that a crime was committed — knowing the report to be false.
The knowledge element is everything: a mistaken, exaggerated, or good-faith report is not a crime.
What PC 148.5 Says
PC 148.5 covers reporting to a peace officer, a designated agency, or (in some subdivisions) a grand jury that a felony or misdemeanor was committed, when you knew the report was false. The statute is aimed at deliberately false reports — not honest mistakes.
Penalties
PC 148.5 is a misdemeanor carrying up to six months in county jail and/or a $1,000 fine.
Defenses
- You believed the report was true. A good-faith report, even a mistaken one, is not a violation — knowledge of falsity is required.
- The report was not actually false.
- No report of a crime. Venting, or an ambiguous statement, is not the same as reporting a specific crime you knew did not happen.
- judicial diversion (PC 1001.95) may resolve an eligible case without a conviction.
Frequently Asked Questions
Is filing a false police report a crime in California?
Yes. Under PC 148.5 it is a misdemeanor to report a crime to a peace officer or agency knowing the report is false. It carries up to six months in county jail and/or a $1,000 fine.
What if I made a mistake in my report?
A good-faith report, even a mistaken or exaggerated one, is not a violation of PC 148.5. The statute requires that you knew the report was false — honest mistakes are not a crime.
What does the prosecution have to prove under PC 148.5?
That you reported a felony or misdemeanor to a peace officer or designated agency, and that you knew the report was false when you made it. Knowledge of falsity is the central element.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
Free 30-Minute Consultation
A false-report charge hinges on what you actually knew. Tell me what happened and I'll tell you where the case is soft.
Schedule Free ConsultationAbout the Author
Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com