QUESTION
Can a person who filed a false police report be charged with perjury?
Asked on Feb 14th, 2013 on Criminal Law - Louisiana
More details to this question:
I know a person who recently filed a false police report accusing a friend of attempted rape to cover up that she cheated on her boyfriend. It doesn't look like that the guy being accused is going to be charged. He wants to go after his accuser for slander. I know she is guilty of filing a false police report. Is it possible that she is also guilty of perjury?
10 ANSWERS
Michael J. Breczinski
Not unless she lied while being under oath.
Answered on Feb 21st, 2013 at 3:05 PM
John J. Carney
Perjury is a different thing. It is when you make two statements under oath that are obviously so inconsistent as to know that one version is a lie. Filing a False Police Report is a misdemeanor and that is what she is guilty of if she lied to the police, not perjury.
Answered on Feb 19th, 2013 at 5:47 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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They won't be charged with perjury, because the false report is not made under oath. However, they can be charged with filing a false report. This is usually a misdemeanor, rather than a felony.
Answered on Feb 19th, 2013 at 5:47 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If he told a like to the police he couldn't be charged with perjury as that only pertains to testimony under oath, such as in a court setting, deposition, etc. He could, however, be charged with filing a false police report.
Answered on Feb 19th, 2013 at 5:46 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Probably not, unless she gave a statement under oath or under penalty of perjury. Statements in a police report or given to the police are usually not under oath.
Answered on Feb 19th, 2013 at 5:46 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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Unless she verified some response or legal document (declaring under penalty of perjury) it is unlikely she can be charged with perjury. Fooling a false police report can be as serious as a perjury and is a crime itself. Be careful of stirring up the hornet's nest.
Answered on Feb 19th, 2013 at 5:46 PM
Nope. Perjury requires a person to testify under oath in court. That hasn't happened yet.
Answered on Feb 19th, 2013 at 12:34 AM
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Perjury has specific elements and one of them is that they testify under oath - unless friend was on the witness stand and said the falsehood after agreeing to tell the truth, it is not perjury false reporting is a crime and could be charged slander is a civil action that should be considered, but the question is about damages I wish the police would take these cases more seriously. It is very fortunate that the rape charge will not be prosecuted. Those charges can carry a lifetime of imprisonment. Seems a little harsh for trying to cover up an affair.
Answered on Feb 19th, 2013 at 12:31 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Filing as false police report is a perjury and she could be charged with both.
Answered on Feb 18th, 2013 at 11:46 PM
Criminal Defense Attorney serving Covington, LA
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Law Office of Ernest J. Bauer Jr.
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That will be the District Attorney's decision.
Answered on Feb 18th, 2013 at 11:46 PM