GGPDE_2020-39_Illegal_Lies_2195005

JACKIE LACEY DISTRICT ATTORNEY LOS ANGELES COUNTY DISTRICT ATTORNEY’S OFFICE ONEMINUTE BRIEF COPYRIGHT © 2020 LOS ANGELES COUNTY DISTRICT ATTORNEY’S OFFICE. ALL RIGHTS RESERVED. MAY BE REPRODUCED FOR NON -COMMERCIA L PROSECUTORIAL, LAW ENFORCEMENT AND EDUCATIONAL PURPOSES ONLY . 1MB@da.lacounty.gov NUMBER : 2020-39 DATE : 11-25-20 BY: Devallis Rutledge TOPIC : Illegal Lies ISSUE : When does a person ’s knowing misrepresentatio n violate the law? People tell lies about various things, for a variety of reasons. The legislature ha s made knowing and wil lful deceit unlawful in some (but not all) circumstances affecting the o rderly administration of justice. Here are some (but not a ll) of th ose offenses (the f ull text of th e statutes should be consulted for complete elements , classifications and punishments): PC § 11 3—Falsifying Citizenship D ocuments . Making , selling or distributing false citizenship documents for another is a crime. PC § 118 —Perjury . It is unlawful to lie under oath about any material matter. PC § 118.1 —Filing a False Police Report . Peace officers are prohibited from knowingly and intentionally falsify ing material inf ormation about the commission or investigation o f a crime. PC § 1 32—Offering False Evidence . It is illegal to offer as genuine any documentary evidence known to be false. PC § 1 33—Lying to a Witness . It is unlawful to dec eive a witness with the intent to affect that witness ’s forthcoming testimony. PC § 1 34—Preparing False Evidence . Preparing false evidence with intent that it be produced at a proceeding for any fraudulent purpose is unlawful. PC § 1 48.1—False Bomb Threat . It is an off ense knowingly to make , to specifi ed recipients , a false report of the planting of a bomb or other explosive device . PC § 1 48.3—Falsely Reporting Emergency . It is u nlawful to make a false report to off icials of the existence of an emergency, as defined. This information was current as of publication date. It is not int ended as legal advice. It is recommended that readers check for subsequent developments, and consult legal advisors to ensure currency after publication. Local policies and procedures r egarding application should be observed. LADA ONE -MINUTE BRIEF NO. 20 20-39 PAGE 2 PC § 1 48.5—Falsely Reporting a Crime . Knowingly making a false rep ort of a crime to specified officials is illegal. PC § 1 48.9—False ID to Peace Officer . It is unlawful for a person to misidentify him /herself to a peace officer during a lawful detention or arrest in order to evade justice . PC § 470 —Forgery . Signing another’s name to specifi ed instruments without auth orization and with fraudulent intent is unl awful. PC § 528.5 —Internet Impersonation . A person commits a crime by “credibly” impersonating another on the Internet with a purpose to harm, intimidate, threaten or defraud. PC § 530.5 —Identity Theft . Obtaining and using another ’s personal identifying information for an unlawful purpose is illegal. PC § 538d —Impersonating a Pea ce Officer . It is unlawful to wear or display the badge , uniform or other accoutrement s of a peace officer to fraudulently impersonate an officer. PC § 777b—Out-of-state Perjury . Perjury committed in another state tha t relates to California proceedings is punishable h ere. PC § 28250 —Falsifying Firearms Appl ications. It is illegal to give knowingly -false information on a document relating to the purchase, transfer or registration of a firearm. VC § 20 —False Statements to DMV/CHP . Knowingly making false state ments or misidentifying oneself in documents filed with the DMV or CHP is a crime. VC § 31 —False Info re Traffic Enforcement . It is an offense knowingly to giv e false information to a peace officer wh o is enforcing any pro vision of the Vehicle Code. VC § 10501 —Stolen Vehicle Report . Making a false report of a vehicle theft with intent to deceive is unlawful. VC § 40504 (b)—False Signature on Citation . Signing a false name on a traffic citation is illegal. ● It is sometimes necessary to c harge violation of the most -specific statute covering a defendant ’s conduc t. See In re Williamson (1954) 43 Cal.2d 651, 65 4, and 1MB 2019 -07. BOTTOM LINE : In some circumstances , it’s a crime to tell a lie.