The Texas False Report To Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, Or Jailer law gives police the right to arrest you if they believe you tried to deceive law enforcement by making a “material” false statement about a criminal investigation to law enforcement including a peace officer, federal investigator, corrections officer, jailer, or someone authorized by a law enforcement agency to conduct the investigation.
FAQs about the
False Report to Police law in Texas
- What is the current Texas law about False Report To Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, Or Jailer?
- What changed in 2019?
- How can I be charged with a False Report to Police offense in Texas?
- What is the statute of limitation for False Report to Police in Texas?
- What is the penalty for a Texas False Report to Police offense?
- Can you get probation for False Report to Police in Texas?
- What level of crime is False Report to Police in Texas?
The Texas legislature codified this criminal offense in Texas Penal Code Section 37.08. The legislature did not update this law in 2023. In fact, this law has not been amended since 2019, when the legislature changed the name of the offense by including “corrections officer, or jailer” to the name and added corrections officers and jailers to the list officers to whom making a false report to under this law is prohibited.
The Penal Code codifies the Texas False Report to Police law under Title 8 “Offenses Against Public Administration,” Chapter 37 “Perjury and Other Falsifications.” Learn more about the Texas offense of False Report To Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, Or Jailer below.
What is the current Texas law about False Report To Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, Or Jailer?
The current Texas law defines the offense of False Report To Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, Or Jailer in Penal Code Section §37.08 as follows:[1]
(a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement 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 actor knows is conducting the investigation; or
(3) a corrections officer or jailer.
What changed in 2019?
In 2019, the legislature changed the name of the offense from False Report to Peace Officer, Federal Special Investigator, or Law Enforcement Employee to False Report To Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, Or Jailer.[2] This highlighted the substantive legal change the legislature made, adding corrections officers and jailers to the list officers to whom making a false report to under this law is prohibited.[3] This change became effective on September 1, 2019.[4]
How can I be charged with a False Report to Police offense in Texas?
You can be charged with False Report To Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, Or Jailer in Texas if the state’s attorneys believe that each of the elements of 37.08(a) as described in the section above have been met.
What is the statute of limitation for False Report to Police in Texas?
As a misdemeanor, False Report to Police charges have a two-year limitations period.[5]
What is the penalty for a Texas False Report to Police offense?
A conviction for False Report To Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, Or Jailer in Texas is punished as a Class B misdemeanor,[6] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days. Learn about the differences between grades of felonies and misdemeanors here.
Can you get probation for False Report to Police in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for False Report to Police, and judges are also allowed to accept deferred adjudication plea deals.[7]
What level of crime is False Report to Police in Texas?
The Penal Code classifies False Report to Police as a Class B misdemeanor.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §37.08. This law is current as of the 88th Legislature Regular Session.^2. SB 405, 86th Legislature, Section 1^3. SB 405, 86th Legislature, Section 2^4. SB 405, 86th Legislature, Sections 3 & 4^5. See Code of Criminal Procedure 12.02(a)^6. Texas Penal Code §37.08(c)^7. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .
