--- title: "When a Police Officer Files a False Report: California Penal Code 118.1 Explained" description: "Police reports don't have to be sworn under oath to carry legal weight, which is why California built Penal Code 118.1 around them instead of relying on perjury law. Here's what the statute requires, the third-party exception, and what conviction actually costs an officer's career." url: "https://www.thehfirm.com/blog/what-happens-if-a-police-officer-files-a-false-report" site: "H Law Group" published: "2026-07-15T09:00:00.000Z" --- # When a Police Officer Files a False Report: California Penal Code 118.1 Explained Police reports don't have to be sworn under oath to carry legal weight, which is why California built Penal Code 118.1 around them instead of relying on perjury law. Here's what the statute requires, the third-party exception, and what conviction actually costs an officer's career. Category: Criminal Defense Author: Bradey -- Bradey serves as an intake specialist at The H Law Group, guiding prospective clients through the first steps of their California criminal defense and DUI defense cases with professionalism and care. Police reports don't have to be sworn under oath to carry legal weight, which is exactly why California built a separate statute around them instead of relying on ordinary perjury law. Penal Code 118.1 targets peace officers who knowingly put false material information into an official report about a crime, and the consequences reach well past a criminal conviction into an officer's ability to keep working in law enforcement at all. This guide covers what the statute actually requires, the exception that protects officers documenting other people's false statements, what happens to a convicted officer's career, and what someone who believes they were harmed by a false report can actually do about it. ## What PC 118.1 actually requires Under [Penal Code 118.1](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=118.1), a peace officer who knowingly and intentionally makes a material false statement in a peace officer report, or to another officer in a way that ends up in a report, regarding the commission or investigation of a crime, is guilty of filing a false report. The offense is punishable by up to a year in county jail or one, two, or three years in state prison. Four things have to be true for the charge to hold up: The report has to be filed in the officer's official capacity, to their own employing agency, not a personal statement or a report sent to a different agency entirely. The false statement has to relate to an actual criminal matter, not a purely administrative or civil issue like a traffic collision report. The statement has to be material, meaning it's significant enough that it could reasonably affect the investigation or prosecution, not a trivial detail. And the officer has to have known the statement was false at the time, which is what separates a criminal violation from an honest mistake caused by faulty memory or the simple passage of time between an incident and writing the report. ## The third-party statement exception Officers routinely document things witnesses, victims, and suspects tell them, and some of that will later turn out to be inaccurate. Subsection (b) of Penal Code 118.1 protects an officer who accurately records a false statement made by someone else, unless the officer knew the statement was false and included it specifically to present it as true. Faithfully writing down what a witness said, even if the witness turns out to be wrong, isn't a violation on its own. ## Penalties and career consequences Penal Code 118.1 is a wobbler. As a misdemeanor, it carries up to a year in county jail or misdemeanor probation. As a felony, it carries one, two, or three years in state prison or felony probation. A felony conviction also triggers California's lifetime firearm ban for felons. The consequences that matter most to an officer's career often go beyond the courtroom. A conviction typically means termination, loss of peace officer certification, and a permanent bar from future law enforcement work. Just as significant is placement on a prosecutor's [Brady list](/blog/the-brady-law), the internal record of officers whose credibility has been compromised enough that prosecutors must disclose it to the defense in any case where that officer is a witness. A Brady listing can make an officer effectively unusable as a witness, which functionally ends a career even without a termination. Expungement under Penal Code 1203.4 is available afterward if the officer completes probation or serves the sentence, though it doesn't undo the underlying Brady disclosure obligations tied to the conduct itself. ## How this differs from related offenses Traditional perjury under Penal Code 118 requires a false statement made under oath. Penal Code 118.1 doesn't; it applies to police reports whether or not they were sworn or certified, reflecting the idea that a report carries authority in the justice system independent of a formal oath. On the civilian side, [Penal Code 148.5](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=148.5) makes it a misdemeanor for a member of the public to knowingly file a false police report, punishable by up to 6 months in county jail and a fine of up to $1,000, a much lower ceiling than what an officer faces under Penal Code 118.1 for the same basic conduct in reverse. ## If you believe you were harmed by a false report Several avenues exist depending on what stage the case is at. In a pending criminal case, cross-examining the officer at trial can expose contradictions between the written report and testimony under oath. A formal misconduct complaint to the department's internal affairs division can trigger an independent review, and a sustained finding can sometimes lead prosecutors to reduce or drop related charges. A Pitchess motion lets the defense request access to an officer's confidential personnel records to look for a pattern of prior credibility complaints. And separately from the criminal case, civil claims are available, including federal claims under 42 U.S.C. 1983 for constitutional violations, and state law claims like false arrest, false imprisonment, or defamation, with the possibility of institutional liability against the department itself if the false reporting reflects a broader pattern of inadequate training or supervision. ## Common defenses - Good faith mistake: an inaccurate detail caused by imperfect memory or the passage of time before the report was written isn't the same as a knowing falsehood, and the statute requires proof of actual knowledge. - Immateriality: a false statement about something trivial and unconnected to the investigation's outcome doesn't meet the materiality requirement. - Accurate documentation of a third party's false statement: the statutory exception protects an officer who faithfully recorded what someone else said, even if that statement was itself false, absent proof the officer knew it was false and presented it as true anyway. ## PC 118.1 vs. related false statement laws: quick comparison - Who it applies to: Penal Code 118.1 applies specifically to peace officers reporting to their own agency; Penal Code 148.5 applies to members of the public filing a false report with law enforcement. - Oath requirement: neither PC 118.1 nor PC 148.5 requires a sworn statement, unlike traditional perjury under Penal Code 118. - Maximum exposure: PC 118.1 is a wobbler reaching up to 3 years in state prison as a felony; PC 148.5 is a misdemeanor only, capped at 6 months in county jail. - Career impact beyond the sentence: a PC 118.1 conviction can end a law enforcement career through termination, decertification, and Brady listing, consequences that don't apply to a civilian PC 148.5 conviction. ## Frequently asked questions ### Does a police report have to be sworn under oath for PC 118.1 to apply? No. Unlike traditional perjury under Penal Code 118, Penal Code 118.1 applies to a peace officer's report regardless of whether it was sworn or certified as true. ### Can an officer be charged if a witness gave them false information? Generally not, if the officer accurately recorded what the witness said. The statutory exception protects officers who faithfully document a third party's statement, unless the officer knew it was false and included it specifically to present it as true. ### What happens to an officer's career after a PC 118.1 conviction? Beyond the criminal penalties, a conviction typically leads to termination, loss of peace officer certification, and placement on a prosecutor's Brady list, which can make the officer unusable as a witness in future cases. ### How is PC 118.1 different from a civilian filing a false police report? Penal Code 118.1 applies specifically to peace officers and can be charged as a felony carrying up to 3 years in state prison. Penal Code 148.5 covers civilians making a false report and is a misdemeanor only, capped at 6 months in county jail and a $1,000 fine. ### What can I do if I believe a police report about me was falsified? Depending on the stage of the case, options include cross-examining the officer at trial, filing an internal affairs complaint, seeking the officer's personnel records through a Pitchess motion, and pursuing civil claims, including federal claims under 42 U.S.C. 1983, if the false report led to wrongful arrest or prosecution. --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.