False Reporting in Colorado
False Reporting Charges in Colorado: Understanding C.R.S. 18-8-111, C.R.S. 18-8-111.5, and C.R.S. 18-8-112
At Rights and Liberties Law Firm, we defend people who have been accused of offenses against governmental operations crimes including false reporting charges.
What is False Reporting to Authorities?
- False Report of Explosives, Weapons, or Harmful Substances
- False Reporting to Authorities – False Reporting of an Emergency
- False Reporting of Identifying Information to Law Enforcement Authorities
(1)(a) A person commits false reporting to authorities if:
(I) He or she knowingly:
(A) Causes by any means, including but not limited to activation, a false alarm of fire or other emergency or a false emergency exit alarm to sound or to be transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency, or any other government agency which deals with emergencies involving danger to life or property; or
(B) Prevents by any means, including but not limited to deactivation, a legitimate fire alarm, emergency exit alarm, or other emergency alarm from sounding or from being transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency, or any other government agency that deals with emergencies involving danger to life or property; or
(II) He or she makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he or she knows that it did not occur; or
(III) He or she makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he or she knows that he or she has no such information or knows that the information is false.
(2)(a)A person commits false reporting of an emergency if he or she knowingly commits an act in violation of subsection (1) of this section that includes a knowing false report of an imminent threat to the safety of a person or persons by use of a deadly weapon.
(b)(I) Except as otherwise provided in this subsection (2)(b), false reporting of an emergency is a class 2 misdemeanor.
(II) False reporting of an emergency is a class 1 misdemeanor, if:
(A) The threat causes the occupants of a building, place of assembly, or facility of public transportation to be evacuated or to be issued a shelter-in-place order, the threat causes any disruptions or impacts to regular activities, or the threat results in the initiation of a standard response protocol in response to the false report; or
(B) The emergency response results in bodily injury of another person.
(III) False reporting of an emergency is a class 4 felony if the emergency response results in serious bodily injury of another person.
(c) Upon a conviction pursuant to this subsection (2), in addition to any other sentence imposed or restitution ordered, the court shall sentence the defendant to pay restitution in an amount equal to the cost of any emergency response or evacuation, including but not limited to fire and police response, emergency medical service or emergency preparedness response, and transportation of any individual from the building, place of assembly, or facility of public transportation.
(d) It is not a defense to a prosecution pursuant to this subsection (2) that the defendant or another person did not have the intent or capability of committing the threatened or reported act.
(3) For purposes of subsections (1) and (2) of this section, the offense is committed and the defendant may be tried in the county where the defendant made the report, the county where the false report was communicated to law enforcement, or the county where law enforcement responded to the false report.
(4) A violation of this section does not preclude a conviction for a violation of any other criminal offense.
(1) A person commits false reporting of identifying information if the person knowingly provides false identifying information to law enforcement authorities.
(2) False reporting of identifying information is a class 2 misdemeanor; except that it is a class 6 felony if providing the false identifying information results in substantially impeding the investigation or arrest of a person for the commission of a crime as defined in section 24-4.1-302 (1) that is a felony.
(3) As used in this section, “identifying information” means a person’s name, address, birth date, social security number, or driver’s license or Colorado identification number.
Possible Penalties for False Reporting in Colorado
18-8-111(2) (b)(III) False reporting of an emergency is a class 4 felony if the emergency response results in serious bodily injury of another person.
- Up to 120 days in jail; or
- Probation; and/or
- $750 fine;
- Restitution
- 364 days jail; or
- Probation;
- And up to a $1,000 fine;
- Restitution
- 12-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- 2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
- Probation; and/or
- $2,000 – $500,000 fine;
- Restitution
- 4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
- Probation; and/or
- $3,000 – $750,000 fine;
- Restitution
(Click Links Below To See Penalties)
18-8-111(2) (b)(III) False reporting of an emergency is a class 4 felony if the emergency response results in serious bodily injury of another person.
- Up to 120 days in jail; or
- Probation; and/or
- $750 fine;
- Restitution
- 364 days jail; or
- Probation;
- And up to a $1,000 fine;
- Restitution
- 12-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- 2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
- Probation; and/or
- $2,000 – $500,000 fine;
- Restitution
- 4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
- Probation; and/or
- $3,000 – $750,000 fine;
- Restitution
Defenses to False Reporting Charges
Several defenses can be employed against false reporting charges, including:
Lack of Knowledge: Demonstrating that the defendant did not knowingly make a false report.
Mistaken Belief: Showing that the defendant genuinely believed the information provided was true.
No False Information: Proving that the information reported was not false or that the incident did occur.
Duress: Establishing that the defendant was forced to make the false report under threat of immediate harm.
Choice of Evils: Arguing that the defendant made the false report to avoid a greater harm, and that the harm avoided was more significant than the harm caused by the false report.
Statute of limitations for false reporting in Colorado
- Felony false reporting charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
- Misdemeanor false reporting charges must be filed with 18 months. C.R.S. 16-5-401(1)(a.5)
Contact Colorado’s false reporting attorneys at Rights & Liberties Law Firm to Fight for You Today
- The attorneys at Rights & Liberties Law Firm will use experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is on-going;
- The attorneys at Rights & Liberties Law Firm will advocate for you during your bond hearing to get you released from custody on the lowest possible amount of bail or on a personal recognizance bond;
- The attorneys at Rights & Liberties Law Firm will litigate all constitutional violations and fight to suppress any evidence illegally seized or obtained by police and investigators in violation of your rights;
- The attorneys at Rights & Liberties Law Firm are trial dogs. If you’re prepared to go all the way, so are we. We’ll take your case to the jury and fight with everything we’ve got to secure your acquittal.
- The attorneys at Rights & Liberties Law Firm are skilled negotiators. If you’ve made a mistake we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
- If you’re up against the wall facing serious charges, jail, or prison time the attorneys at Rights & Liberties Law Firm have your back. From drug distribution and barfights to sex assaults and homicides the attorneys at Rights & Liberties Law Firm know that life gets wild and things fall apart. We’ll fight to keep your life together and advocate to ensure that you receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
- If you’re wondering why we do this work, we’re in it because we care. At Rights & Liberties Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At Rights & Liberties Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.