Offenses Against the State and Public Justice

ORS 162.375
Initiating a false report

(1)

A person commits the crime of initiating a false report if the person knowingly initiates a false alarm or report that is transmitted to a fire department, law enforcement agency or other organization that deals with emergencies involving danger to life or property.

(2)

Initiating a false report is a Class A misdemeanor.

(3)

(a)

The court shall include in the sentence of any person convicted under this section a requirement that the person repay the costs incurred in responding to and investigating the false report.

(b)

If the response to the false report involved the deployment of a law enforcement special weapons and tactics (SWAT) team or a similar law enforcement group, the court shall impose, and may not suspend, a term of incarceration of:

(A)

At least 10 days.

(B)

At least 30 days if the deployment resulted in death or serious physical injury to another person. [1971 c.743 §212; 2013 c.490 §1; 2015 c.751 §2; 2018 c.120 §9]

Notes of Decisions

Initiating false report requires supplying false information at time incident is initially reported. State v. McCrorey, 216 Or App 301, 172 P3d 271 (2007)

Evidence in record that showed that youth repeatedly and falsely asserted to police detective that youth had been kidnapped was sufficient to support that youth “knowingly initiated a false report” under this section. State v. J.L.S., 268 Or App 829, 343 P3d 670 (2015)

Where defendant did not begin police report but where evidence showed that defendant acted in concert with other person and simultaneously participated in making false report of hit-and-run accident to police officer, each person could commit crime of initiating false report under this section. State v. Velasquez, 286 Or App 400, 400 P3d 1018 (2017)

In context of questioning initiated by law enforcement, if person falsely alleges new circumstances to which law enforcement agency is reasonably likely to respond as current separate crime or emergency about which person is being questioned, person “initiates a false alarm or report” within meaning of this section. State v. Branch, 362 Or 351, 408 P3d 1035 (2018); State v. Evans, 313 Or App 356, 493 P3d 1123 (2021), Sup Ct review allowed

Jury instruction in prosecution for initiating false report was misleading in that instruction included statement that persons could act in concert to initiate false report but omitted qualifier that persons must also act simultaneously for conduct to support conviction. State v. Morales, 307 Or App 280, 476 P3d 965 (2020)

Source

Last accessed
May 30, 2023

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