meaning false report

The Law Dictionary

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What Happens When You File A False Police Report?

If you’re a witness or victim of a crime , one of the first steps to justice is filing a police report, which helps prompt an investigation. And while it is imperative to be completely honest and detailed when making a statement to the authorities, sometimes false statements are given, instead. So, why would someone file a false police report?

There are a number of reasons – sometimes it’s done to shift the focus of an investigation away from oneself. On other occasions, a false police report may be made in order to make an innocent party appear guilty. Regardless of the reasons, filing a false police report is a serious crime that carries real consequences.

The Charges: Lying To The Police

A false police report always involves the element of knowingly supplying incorrect information, which typically results in the charge of lying to the police or obstruction of justice . There are varying consequences depending on how much damage the lie causes (more on that in a moment), but there is one sure-fire way to avoid getting yourself in that situation.

You’ve heard it before – maybe in a soap opera or a movie – don’t talk to the police without an attorney present. And while it may seem like a cliché line, it is the single most important piece of legal advice when it comes to deterring someone from filing a false police report.

How Long Do You Have To File A Police Report?

The Consequences: A Misdemeanor or Felony Charge

Often, the result of a false report is the obstruction or hindrance of a police investigation. Depending upon the jurisdiction, a false police report may be charged as a:

• Misdemeanor

Misdemeanor charges may result in jail terms of one year or less. Typically, the defendant must also pay fines. If a person is charged with a felony, they may be looking at more than a year in jail and substantial fines. The person who made the false report may also be liable in a civil suit , such as if their report caused damage to another’s reputation.

At the federal level, the consequences become even more serious. A false report that involves terrorism is treated the most severely, with prison terms of between seven and 20 years being common. The courts may also consider a false report of terrorism as a violent crime even if no violence occurred.

The Defense: A Criminal Lawyer

If you are in a situation where you have filed a false police report, whether or not it was intentional, it is best to hire a criminal defense attorney as soon as possible. They may be able to argue that the statements were not made knowingly or that the statements were not intended to obstruct the work of the police. Defending a false report case is tricky, but it can be successfully handled.

If you’ve ever seen  Netflix’s Making A Murderer docuseries, you know just how complex and difficult it can be to clear someone’s name after providing the police with false information. The case of Brenden Dassey is a globally-known example of what can happen when someone speaks to the police without a criminal defense lawyer present.

Brenden Dassey was convicted for life after admitting to charges of rape and murder. The documentary attempts to falsify Dassey’s statement to the police, and while it appears to the public that he was coerced into lying to the officer, he is still in prison. However, if Dassey’s report to the police was in fact false, as the show makes it seem, he could have avoided the entire situation if he would have had a criminal defense lawyer present at the time of the interrogation.

Dassey’s case is just one possible avenue when it comes to lying to the police. There are many other outcomes that can result if you file a false police report. To learn more, check out how long you have to file a police report after a crime has taken place.

This article contains general legal information but does not constitute professional legal advice for your particular situation. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

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Falsely Reporting a Crime: What It Is and the Penalties

• 1.1 What is Falsely Reporting a Crime?
• 1.2 Why Do People Falsely Report Crimes?
• 1.3 Penalties for Falsely Reporting a Crime
• 1.4 When is a Report Considered False?
• 1.5 When is False Reporting a Felony?
• 1.6 Defenses to False Reporting Charges
• 1.7 Falsely Reporting Crimes Wastes Resources and Harms Victims
• 1.8 References

Filing a false police report, also known as falsely reporting a crime, is a serious offense that can result in fines, probation, and even jail time. This article will explain what constitutes falsely reporting a crime, why people do it, and the typical penalties if convicted.

What is Falsely Reporting a Crime?

Falsely reporting a crime is when someone knowingly makes a false statement to law enforcement alleging that a crime has occurred when they know it did not. This could mean completely fabricating an event or embellishing a real incident to make it sound worse than it was. Some common falsely reported crimes include:

• False assault claims
• Fictitious theft reports
• Made up stalking or harassment
• False rape accusations
• Phony reports of vandalism or property damage

While definitions vary by state, in general falsely reporting a crime involves intentionally deceiving law enforcement by alleging criminal conduct that the person knows did not occur. It does not include making a report in good faith that turns out to be inaccurate. However, repeatedly making erroneous claims can still get a person in trouble in some cases.

Why Do People Falsely Report Crimes?

There are many reasons why an individual might falsely report a crime. Some of the most common motivations include:

• Seeking attention or sympathy
• Covering up their own criminal activity
• Trying to get someone else in trouble as revenge
• Hoping to collect insurance money
• Mental illness or impairment

For example, a person addicted to pain pills might falsely claim they were mugged to get a new prescription. Or someone who damaged their own car may report it being vandalized to try and get their auto insurance to pay for repairs.

While the motivations run the gamut, falsely reporting a crime is always a bad idea that can lead to serious legal consequences. However, many offenders feel desperate or do not think they will get caught.

Penalties for Falsely Reporting a Crime

The penalties for falsely reporting a crime depend on the specific circumstances and jurisdiction. But in general, potential consequences include:

• Misdemeanor Charges – Most areas prosecute falsely reporting a crime as a misdemeanor offense. Typical penalties are fines of $1000 or less and up to 1 year in jail.
• Felony Charges – In some cases, falsely reporting a crime is elevated to a felony. This usually occurs if the false report prompts a major law enforcement response costing substantial time and resources or implicates someone else in a crime. Felony false reporting can result in state or federal prison time of over 1 year.
• Restitution – Courts may order restitution to compensate police, fire, or EMS agencies for costs incurred responding to the false report.
• Probation – Offenders may be sentenced to probation including community service and mandatory counseling.
• Civil Liability – A person falsely accused due to a phony report may be able to sue the reporter for defamation or other civil claims.

The consequences tend to be harsher when the fake report prompts a large-scale law enforcement reaction like mobilizing a SWAT team or triggering an amber alert. Penalties also increase for false reports about very serious crimes like murder, terrorism, or child abductions.

When is a Report Considered False?

For a report to be considered false, the person must knowingly allege facts they understand to be untrue. However, many situations arise where determining a report’s truthfulness is not straightforward:

• If a person believes they witnessed a crime but are honestly mistaken, that is not considered false reporting.
• Intoxication or mental impairment may cast doubt on whether the reporter knew their statements were false.
• Initial misstatements later corrected as new information emerges may not meet the standard for false reporting.
• Vague reports that exaggerate but have some factual basis are often hard to prosecute.
• False confessions made under coercion or duress generally do not qualify.

Prosecutors have a high burden of proof to show the person knew their statements were untrue at the time they made the report. Many seemingly dubious reports do not end up meeting that strict standard.

When is False Reporting a Felony?

While falsely reporting a crime is usually a misdemeanor, there are circumstances that can elevate it to a felony charge:

• The fake report prompts an emergency or major law enforcement response.
• The false allegations are about a very serious crime like murder, rape, or kidnapping.
• The phony report implicates someone else in a crime they did not commit.
• The person has prior convictions for false reporting.
• The fake report is ruled to be an act of terrorism.

States or the federal government may choose to file felony charges if the false report causes substantial harm, costs, or risk to public safety. Felony convictions can result in over 1 year in prison.

Defenses to False Reporting Charges

While falsely reporting a crime is a serious offense, there are some legal defenses that may apply in certain situations:

• Lack of Intent – The person genuinely believed their report was true and did not knowingly make false claims.
• Coercion – Someone forced or threatened the individual to make the false report against their will.
• Mental State – Due to mental illness, intoxication, or diminished capacity, the person could not form the intent required.
• First Amendment – The report was an exaggerated political or artistic statement protected by free speech rights.
• Reasonable Mistake – The report contained inaccuracies but those were reasonable mistakes, not intentional lies.

An experienced criminal defense attorney can evaluate the case details to identify any viable defenses to false reporting charges.

Falsely Reporting Crimes Wastes Resources and Harms Victims

When law enforcement expends time and resources responding to fabricated reports, it prevents them from helping real victims and solving actual crimes. Phony reports may also result in innocent people being arrested and reputations damaged. While rarely prosecuted, falsely reporting a crime harms communities and erodes public trust. Anyone considering making false allegations should think twice before lying to police.

If you have been accused of falsely reporting a crime, consult with a local defense lawyer right away. An attorney can advise you on the laws in your state and strategically respond to the charges. With an aggressive defense, it may be possible to get the case dismissed or charges reduced. Don’t wait to protect your future.

False Reports | Wex | US Law | LII / Legal Information Institute Filing a False Police Report: Laws and Penalties | FindLaw False Police Reports | CriminalDefenseLawyer.com

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What legal action can i take against someone making false police reports.

By Teo Spengler, J.D.

December 12, 2018

Reviewed by Michelle Seidel, B.Sc., LL.B., MBA

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• Texas Laws on Filing False Police Reports

This is the U.S.A, you can say what you want, right? Well, often that's true under freedom of speech, but filing a false police report for any damage to your reputation.

Making a False Police Report

Someone who files a police report that contains information that isn't true hasn't necessarily filed a false police report. She may identify the hit-and-run car as blue when it was black, or say the driver was a young woman when in fact it was a mature woman. Everybody makes errors in eye-witness testimony, and nobody can or should fault them for it.

Making a false police report is a different thing altogether. It involves intentionally feeding the police incorrect information, usually for one of two purposes: to shield themselves from police scrutiny for a crime they committed, or to implicate an innocent person for a crime as personal revenge. The types of false information given may include:

• Reporting a crime that did not occur
• Using a false name
• Giving false information about the crime
• Falsely reporting some type of theft or damage 
• Deliberately exaggerating the value of items stolen Read More: Penalty for Filing a False Police Report

Criminal Liability

The person making an intentionally false police report can be charged criminally. Depending on the jurisdiction and the facts of the situation, it can be a misdemeanor or a felony.

For example, in California, it is a misdemeanor to make a false report of a committed crime, whether misdemeanor or felony , to the police, prosecutor, grand jury or 911 operator. As a misdemeanor, a person convicted faces up to six months in county jail. However, if you make a false report of a stolen vehicle, you can be charged with a felony. Likewise, if the false police report is made in order to file an insurance claim, it is considered insurance fraud, which is prosecuted as a felony.

Federal law can be even tougher. For example, filing a false police report about terrorist activity is a felony under federal law. A false report involving terrorism can trigger a sentence of between seven and 20 years.

Defamation of Character

If someone files a false police report about you, you may be able to sue for monetary damages for defamation of character. You must prove that the report was false, since truth is a complete defense. You also have to prove that the person knew it was false when it was made.

Finally, you have to show that the false police report about you was "injurious." Remember that defamation law focuses on injuries to reputation. That means you have to prove that your reputation was hurt by the statement. If you lost your job, lost friends or the good opinion of family or neighbors, you may have a good defamation case.

A person making a false police report can be charged with a misdemeanor or a felony in most states. And if the report targets you and damages your reputation, you can sue the person for defamation of character.

• Law Dictionary: What Happens When You File a False Police Report?
• San Francisco Police: California Penal Code 148.5PC
• Criminal Law: Is Filing a False Police Report a Crime?
• Shouse Law Group: Making a False Report of a Crime
• Nolo: Defamation Law Made Simple

Teo Spengler earned a JD from U.C. Berkeley Law School. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. She holds both an MA and an MFA in English/writing and enjoys writing legal blogs and articles. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. Spengler splits her time between the French Basque Country and Northern California.

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What Happens if a Police Officer files a False Report?

If you are thinking that you have fallen victim to a false police report, you’ll need to do some research on the penal codes surrounding this issue. The constitution provides you with rights and the penal codes define the laws in the constitution that protect you. Let’s take a look at the details about a false report and what you can do to protect yourself.

What is a False Report?

A False report is when an individual or a police officer gives a report of an incident that is not 100% accurate. For example, if an officer writes in his report that you had drugs in your pocket, but you did not have any drugs on your person, that is false reporting. There are serious consequences for officers who file a false report because it can create interference with a court case and even prove lack of integrity of the officer.

These statutes must exist for a prosecutor to convict an officer on a false reporting charge:

·         These statutes must exist for a prosecutor to convict an officer on a false reporting charge.

·         The defendant must be an officer and write the report while in his official position.

·         The defendant must have written a report with the intent to lie (i.e. criminal manner).

·         The report must contain false information regarding a material matter.

·         The officer had to have written the misinformation while knowing it was false.

False Arrest

A false arrest typically precedes a false police report. By definition, a false arrest prevents an individual from exercising their liberties that are outlined in the constitution. Three things are typical for an arrest:

·         An individual’s freedom to move is stripped.

·         Forcing of an individual to be under some type of imprisonment.

·         Consent was not given.

Although most people think of an arrest as a physically restraining process, it can also include mental manipulation such as threats, fraud, and blackmail. If an officer partakes in any of these actions that restrict the individual’s ability to exercise their rights, he can be held liable.

Penal Code 118.1

Once you have realized that there is a discrepancy in the police report, penal code 118.1 will be the way to defend your rights. A good criminal defense lawyer will investigate this code and file a motion if it is appropriate. PC 118.1 states:

“Every peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of any crime, if he or she knowingly and intentionally makes any statement regarding any material matter in the report which the officer knows to be false, whether or not the statement is certified or otherwise expressly reported as true, is guilty of filing a false report punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years.”

What Penalties will an officer face?

If an officer is found guilty of false reporting, it can either be a misdemeanor or a felony. If they are found guilty of a misdemeanor, they can end up in jail for a maximum of one year or they can be put on misdemeanor probation. If the false reporting is worse and the officer is charged with a felony, they will have a maximum of three years in prison or felony probation.

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Making A False Report

Home » San Diego Crimes Against The Police And Government Lawyer » Making A False Report

The police are mandated to serve and protect the public and with limited resources and plenty of crimes to pursue, the government considers making false reports to be a serious waste of public resources. Accordingly, it is a criminal offense under California Penal Code 148.5 to falsely report a crime.

If you are currently under investigation or were arrested and charged with San Diego false report charges, it is vital that you hire a San Diego crimes against the government lawyer as soon as possible.

What Is A False Report

Making a false report, relates to alerting authorities of a misdemeanor or felony crime, knowing that the details of the incident are incorrect or the incident itself did not occur. For the crime of making a false report, the account can be given to a police officer, prosecutor, grand jury, or a 911 operator.

When there is a definite initiative on the part of the individual making the report, this will be sufficient to make out the crime. Additionally, the act is also illegal if during an investigation you gave false statements in relation to a crime. The offense of making a false report is classified as a misdemeanor under California laws.

How Are False Reports Punished?

Making a false report can have serious consequences for the individual against whom you made the report. This and the waste of resources to investigate a crime that did not occur is the basis for the penalties associated with this offense. If you are found guilty after a trial, or if you choose to plead guilty, you can face upwards of 6 months of jail time.

The court will take into consideration a number of factors when making a sentencing determination. Of utmost importance is your criminal record, the motive for making the report and the consequences of your report. The judge will hear arguments from the prosecution and it would be prudent that you have an attorney to represent you at a sentencing hearing. In lieu of jail time, it is also at the discretion of the judge to impose probation.

Facing San Diego false report charges can be frightening, especially if it is your first encounter with the law. However, being convicted is even worse, so hiring a lawyer from the beginning is critical to proving your innocence and beating the charges.

What Is My Defense?

Despite the fact that the police felt like you wasted their time or that an innocent person was arrested, you are still presumed innocent by law. Accordingly, until you are found guilty by a court of law or you choose to plead guilty, you can beat the San Diego false report charges facing you.

Defending your case does not start on the day of trial. After you are arrested, there might still be an ongoing investigation and there is a pre-trial hearing as well as a series of opportunities, based on evidence unearthed to get the charges dismissed or reduced.

If the matter must go to court, the following are some of the defenses available to you by law:

• You did not make a false report;
• At the time of making the report, you believe it to be true; or
• Mistaken identity.

It is important to speak with your lawyer to facilitate the necessary pre-trial investigation and preparation. While it is up to the prosecution to prove that you are guilty, having a sound defense is more beneficial than none at all.

Hire Qualified Criminal Defense Lawyers

At McElfresh Law , our experience has taught us that innocent people get charged and arrested all the time. Our job as San Diego defense attorneys is to tirelessly work to fight for the freedom of our clients facing criminal charges.

You can rely on our years of knowledge of the law and the criminal judicial system. Our commitment to you is to use both the human and physical resources available to us to help you win your case. Our records speak for itself and past clients with San Diego false report charges can attest to the high-quality legal service that we offer at McElfresh Law.

Call us at (858) 756-7107 to learn how we can help.

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Penal Code § 148.5 PC – Making a False Police Report in California

Penal Code § 148.5 PC prohibits you from making a false police report of a crime .  False reporting is only a crime if the person making the report knows it to be false . The offense is punishable by up to 6 months in jail.

We will quote the full language of the statute , and then provide legal analysis below:

148.5. (a) Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the Attorney General, or a deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. (b) Every person who reports to any other peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer. (c) Except as provided in subdivisions (a) and (b), every person who reports to any employee who is assigned to accept reports from citizens, either directly or by telephone, and who is employed by a state or local agency which is designated in Section 830.1, 830.2, subdivision (e) of Section 830.3 , Section 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, or 830.4, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the employee is engaged in the performance of his or her duties as an agency employee and (2) the person providing the false information knows or should have known that the person receiving the information is an agency employee engaged in the performance of the duties described in this subdivision. (d) Every person who makes a report to a grand jury that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. This subdivision shall not be construed as prohibiting or precluding a charge of perjury or contempt for any report made under oath in an investigation or proceeding before a grand jury. (e) This section does not apply to reports made by persons who are required by statute to report known or suspected instances of child abuse, dependent adult abuse, or elder abuse. (f) This section applies to a person who reports to a person described in subdivision (a), (b), or (c), that a firearm, as defined in subdivision (a) or (b) of Section 16520, has been lost or stolen, knowing the report to be false.

• lying to police that a neighbor trespassed (a crime under Penal Code 602 PC ).
• telling a DA investigator that an ex was a prostitute (a crime under Penal Code 647b PC ).
• lying to officers, during an investigation, that one person  assaulted someone else

Several criminal defense strategies can be employed to attack the charges in court. Common defenses include showing that the defendant:

• had a good faith belief that the crime really did happen
• did not make a report to the “authorities,” and/or
• was  falsely accused .

A violation of this law is a misdemeanor under California state law. The criminal offense is punishable by:

• custody in county jail for up to six months, and/or
• a maximum fine of $1,000.

A judge can award misdemeanor (or summary) probation in lieu of jail time.

Our California criminal defense attorneys will explain the following in this article:

• 1. When is it a crime to make a false police report in California?
• 2.1. Good faith belief that report is true

2.2. Report not made to “authorities”

2.3. falsely accused, 3. what are the 148.5 pc penalties, 4. does this offense give a person a criminal record, 5.1. false report of an emergency – pc 148.3.

• 5.2. False report of a fine – PC 148.4

5.3. False identification to a police officer – PC 148.9

Penal Code 148.5 is the statute that makes it a crime for a person to make a false report of a crime.

1. When is it a crime to make a false police report in California?

A prosecutor has to prove the following in order to convict a person under this statute:

• the defendant made a false report of a misdemeanor or felony , and
• the accused made the report to a certain “ authority .” 1

“ Authority ” under this statute means a:

• police officer,
• prosecutor,
• grand jury, or
• state or local employee assigned to accept reports from citizens (like a 911 operator).

Note that this law applies to when a person contacts the police and makes a false report. It also applies when:

• a third party reports a crime to the police initially, and
• the defendant then gives a false statement when the police investigate the matter . 2

Example: Colleen sees her brother in a fist fight with a neighbor. Her brother started it by just going up to the kid (Billy) and punching him. Someone in the neighborhood calls the police. The cops ask Colleen for a statement and she says, “Billy started it. He just started hitting and kicking my brother.” Here, Colleen is guilty under PC 148.5. This is true even though she was not the first party to report the fight. She reported false information to the police about a criminal matter.

2. What are the best criminal defense strategies?

A defendant can try to beat a criminal charge under this statute with a good legal defense to raise a reasonable doubt.

Three common defenses are to show that:

• the defendant had a good faith belief that a report was true,
• the accused made a false report to someone other than an “authority,” and/or
• the defendant was falsely accused.

2.1. Good faith belief that the report is true

This statute only applies when the person making a report knows it to be false . It is always a defense if the accused had a good faith belief that a report was true, even if that belief turns out to be a mistake .

A person is only guilty under these laws if he made a false report to some type of authoritative figure , such as a police officer. This means it is a defense for a defendant to say he did not make a report to the “authorities.” Perhaps, for example, the accused just lied to store security that he had witnessed a person shoplifting.

Unfortunately, people get falsely accused of this crime on numerous occasions. Neighbors, ex-friends, and others, make up stories about a defendant making a false report. The defense is always available, then, that the accused was unjustly blamed .

A misdemeanor charge can result in a fine and/or jail time.

A violation of this law is a misdemeanor .

The punishment for filing a false police report can include:

• custody in county jail (as opposed to state prison ) for up to six months, and/or
• a maximum fine of $1,000. 3

Yes, if it results in a conviction. However, a person can get an expungement if convicted of making a false report. An expungement is favorable since it erases many of the burdens of a conviction.

A judge will grant an expungement if a convicted party successfully completes :

• probation, or
• his jail term (whichever was imposed).

5. Are there related offenses?

There are three crimes related to making a false report of a crime. These are:

• false report of an emergency – PC 148.3,
• false report of a fire – PC 148.4, and
• false identification to a police officer – PC 148.9

Penal Code 148.3 PC is the California law making it a crime to falsely report an emergency.

An “emergency” is any condition that might (or does) trigger:

• the response of an emergency vehicle, aircraft or vessel,
• the evacuation of any area, building, structure, vehicle, or of any other place, or
• an Amber alert.

5.2. False report of a fire – PC 148.4

Penal Code 148.4 PC is the California law making it a crime to make false reports of a fire.

Specifically, this section prohibits:

• tampering with or breaking fire alarms,
• triggering a false fire alarm, and
• making a false report of a fire.

Penal Code 148.9 PC is the California statute that makes it crime for a person to:

• provide false identification to a police officer, and
• do so knowing that it is false identification.

Note that “false identification” includes giving law enforcement officers a false birth date. 4

For additional help…

For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group.

To learn of similar laws in Nevada and Colorado, please see our articles on:

• “ Nevada Laws for Making a False Police Report (NRS 207.280) ,” and
• “ Colorado False Reporting of a Crime Laws C.R.S. (18-8-110, 18-8-111) .”

Legal References:

• California Penal Code 148.5 PC. See also Hillblom v. County of Fresno (2008), 539 F. Supp. 2d 1192 .
• People v. Lawson (1979) 100 Cal.App.3d 60 .
• California Penal Code 19 .
• People v. Ivan J. (2001), 88 Cal. App. 4th 27 .

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false report

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A quick definition of false report:

False Report: False report is a crime where someone tells the police about a crime that never happened. It is wrong to lie to the police and waste their time investigating something that did not occur.

A more thorough explanation:

Definition: False report is a criminal offense where someone informs law enforcement about a crime that did not actually happen.

Example: If someone calls the police and reports a robbery at a store, but there was no robbery, they have committed a false report.

Explanation: False report is a serious crime because it wastes the time and resources of law enforcement . It can also cause innocent people to be investigated or even arrested. In the example given, the person who reported the robbery wasted the time of the police and caused unnecessary stress for the store owner.

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What Happens If Someone Makes a False CPS Report: Unraveling the Consequences

Introduction: what happens if someone makes a false cps report.

In a world where child safety and well-being are paramount, Child Protective Services (CPS) plays a vital role in safeguarding children from neglect, abuse, or endangerment. However, the system isn’t without flaws, and false CPS reports can have serious implications for all parties involved. This article delves into the potentially devastating consequences that arise when someone makes a false CPS report.

Understanding the CPS System

Child Protective Services is a government agency tasked with investigating and addressing concerns related to child abuse, neglect, or endangerment. The agency’s primary goal is to ensure the safety and well-being of children, often collaborating with law enforcement and social services.

How CPS Works to Protect Children

CPS receives reports from various sources, including mandatory reporters like teachers and healthcare professionals, as well as concerned individuals. Each report triggers a thorough investigation to determine the validity of the claims and assess the child’s living situation.

The Importance of Reporting Suspected Abuse

Reporting suspected abuse is crucial for safeguarding children in potentially harmful environments. Legitimate reports enable CPS to intervene and provide necessary support to families in need.

The Significance of False CPS Reports

While most CPS reports are made in good faith, false reports can have serious consequences. Such reports are often made with malicious intent or due to misunderstandings, leading to unnecessary distress and complications.

Uncovering Motives Behind False Reports

False CPS reports may stem from personal vendettas, custody disputes , or even simple misunderstandings. In some cases, individuals may use CPS as a weapon to gain an advantage in legal or personal matters.

The Impact on Families and Individuals

Families falsely accused of abuse undergo immense stress and emotional turmoil. Accusations can strain relationships, lead to separation of families, and result in long-lasting psychological effects on both children and adults.

Legal Ramifications of False Reports

Filing a false CPS report is a serious offense with legal consequences. Individuals found guilty of making false reports may face criminal charges, depending on the jurisdiction and severity of the case.

Filing a False Report: Legal Definitions and Consequences

False reports are typically classified as knowingly providing fabricated information to CPS with the intention of misleading authorities. Consequences may include fines, probation, or even imprisonment.

Potential Criminal Charges and Penalties

In some jurisdictions, false reports can lead to charges such as perjury, defamation, or obstruction of justice. These charges can result in significant fines and potential imprisonment.

Strained Relationships and Emotional Distress

False CPS reports can have a profound impact on family dynamics and personal well-being.

Damage to Family Dynamics

Accusations of child abuse can lead to strained relationships between spouses, partners, and other family members. The process of disproving false allegations can be emotionally draining and financially taxing.

Psychological Toll on Accused Individuals

Individuals wrongly accused of abuse may experience anxiety, depression, and a sense of helplessness. The stigma associated with such accusations can affect their personal and professional lives.

Waste of Resources

False CPS reports divert valuable resources away from genuine cases that require attention.

Diverting Attention from Genuine Cases

CPS agencies have limited resources and personnel. False reports consume time and efforts that could be better spent on investigating legitimate cases of child abuse.

Financial and Personnel Strain on CPS

Investigating false reports incurs costs for CPS, including personnel time, administrative expenses, and legal proceedings. These resources could otherwise be directed toward protecting vulnerable children.

Reputation and Stigma

False CPS reports can damage an individual’s reputation and lead to social stigma.

Public Perception and Community Reaction

Accusations of child abuse can tarnish an individual’s reputation within their community, leading to isolation and judgment from peers.

Rebuilding Trust and Reputation

Clearing one’s name after being falsely accused can be challenging. Rebuilding trust within the community and among friends and family may require significant effort and time.

Addressing False CPS Reports

If falsely accused of abuse, there are steps individuals can take to address the situation.

Reporting False Reports

Individuals who suspect a false CPS report has been filed against them should promptly notify their assigned CPS caseworker and provide any evidence refuting the allegations.

Steps to Clearing Your Name

Working with legal counsel, gathering evidence, and cooperating with CPS investigations are essential steps to prove innocence and clear one’s name.

Prevention and Education

Raising awareness about false CPS reports is vital to prevent their occurrence.

Raising Awareness about False Reports

Community workshops, educational campaigns, and online resources can help inform the public about the consequences of false reports and the importance of responsible reporting.

Encouraging Responsible Reporting

Encouraging individuals to verify information and motives before making a report can help reduce the prevalence of false CPS allegations.

Conclusion: Navigating the Complexities of CPS Reports

False CPS reports can have far-reaching consequences, affecting families, individuals , and even entire communities. The seriousness of making a false report underscores the importance of responsible reporting and a thorough understanding of the potential outcomes.

FAQs (Frequently Asked Questions)

• Can I be prosecuted for making a false CPS report? Yes, filing a false CPS report can lead to legal consequences, including fines and potential imprisonment.
• What if someone is deliberately making false reports against me? If you believe you are being targeted with false reports, it’s essential to gather evidence and cooperate with CPS to clear your name.
• How can false CPS reports affect my child’s well-being? False reports can disrupt family dynamics and cause emotional distress for both children and parents.
• Are there organizations that provide support for individuals falsely accused of child abuse? Yes, there are organizations and legal resources available to help individuals navigate false CPS allegations.
• How can I educate my community about the consequences of false CPS reports? Hosting workshops, distributing informational pamphlets, and utilizing social media are effective ways to raise awareness.
• 1 Introduction: what happens if someone makes a false cps report
• 2.1 How CPS Works to Protect Children
• 2.2 The Importance of Reporting Suspected Abuse
• 3.1 Uncovering Motives Behind False Reports
• 3.2 The Impact on Families and Individuals
• 4.1 Filing a False Report: Legal Definitions and Consequences
• 4.2 Potential Criminal Charges and Penalties
• 5.1 Damage to Family Dynamics
• 5.2 Psychological Toll on Accused Individuals
• 6.1 Diverting Attention from Genuine Cases
• 6.2 Financial and Personnel Strain on CPS
• 7.1 Public Perception and Community Reaction
• 7.2 Rebuilding Trust and Reputation
• 8.1 Reporting False Reports
• 8.2 Steps to Clearing Your Name
• 9.1 Raising Awareness about False Reports
• 9.2 Encouraging Responsible Reporting
• 10 Conclusion: Navigating the Complexities of CPS Reports
• 11 FAQs (Frequently Asked Questions)

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Anyone reporting in good faith shall be immune from any civil or criminal liability. Any person who knowingly and willfully makes a false report or counsels another to make a false report is guilty of a felony of the third degree punishable by up to five years in prison. In addition, the department may impose a fine not to exceed $10,000 for each violation. Each time that a false report is made constitutes a separate violation. A false report is a report of child abuse, neglect or abandonment or adult abuse, neglect or exploitation that is made to the central abuse hotline which is not true and is maliciously made for the purpose of:

• Harassing, embarrassing, or harming another person;
• Personal financial gain for the reporting person;
• Acquiring custody of a child or vulnerable adult; or
• Personal benefit for the reporting person in any other private dispute involving a child or vulnerable adult

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View section  39.205 , F.S., regarding what the department has to do concerning false reporting for children.

View section  415.111 , F.S., regarding false reporting for adults.

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If these laws already perpetuate injustice and if any change is unlikely to achieve the result we think we want, what are we truly doing here?

Published on May 10, 2024 at 7:48 am CDT

The roads were wet that September 1987 night in Onondaga County, New York.

When the call came in — that there was a fire at the Parklane Apartments and people were trapped inside — 20-year-old Chris Bilger, a firefighter with the North Syracuse Fire Department, got in his two-door Chrysler Cordoba to drive to the station.

He made it as far as Church Street, where the Cordoba’s wheels lost traction with the slick pavement and sent the car skidding into a tree. Bilger was ejected upon impact, suffering injuries that would take his life little more than a half day later.

“He was a teenage kid, full of life, full of energy and wanting to do all kinds of things,” NSFD Deputy Chief Casey Daugard told Eagle News Online in 2018 . “He would’ve been successful here. He still had a lot to do.”

Bilger died a hero in the finest of traditions, but his death still had a hollow ring of pointlessness because there was no fire at the Parklane Apartments that night, no trapped people in need of rescue. It had been a false alarm, one deliberately raised in service of some petty squabble, and though the perpetrator was arrested, it resulted in only a misdemeanor charge because, despite Bilger’s death, state law wouldn’t allow for something more severe. 

So New York legislators changed the law. 

After the 1990 “Bilger Bill,” it became a state felony to falsely report an emergency that resulted in the serious injury or death of a first responder travelling to or from the scene. Now, Alabama, like New York some 35 years ago, stands at an inflection point, albeit not one of sadness and tragedy but of scorn and embarrassment following the Carlee Russell kidnapping hoax. Yet the state and its legislators had a choice to make all the same: Should we revise the laws governing false reports? If so, how? And, really, why?

To understand these questions, we must understand the law as it was and why prosecutors could only charge Russell with two misdemeanors. It’s also worth considering that these laws — especially as they are implemented in Alabama — may already be broken and that the new law, one which makes it easier to charge suspects with a felony, could make things worse.

Two crimes: false reports and false alarms 

On July 28, the 26-year-old Russell was booked into the Hoover City Jail on two misdemeanor charges : false reporting to law enforcement authorities ( 13A-10-9 in the Alabama criminal code ) and the confusingly similar falsely reporting an incident ( 13A-11-11 ). The false reporting charge is relatively straightforward, criminalizing instances in which a defendant “knowingly makes a false report…to law enforcement authorities of a crime.” Falsely reporting an incident, however, is more complicated and better stated as a prohibition against false alarms, as it makes it a crime when a defendant “initiates or circulates a false report…of a fire, bomb, explosion, crime, catastrophe or emergency…which is likely to cause evacuation of a building, place of assembly, or transportation facility, or to cause public inconvenience or alarm.”

Thus, false reporting is a crime against the abuse of government resources, like the manhours wasted during an investigation spurred on by a fake crime, while a false alarm punishes those who intentionally relay false information about, as the law states, an impending “catastrophe” or some other emergency that physically disrupts or emotionally disturbs the public at large. With her fantastical story of a roadside baby as prelude to a kidnapping, Russell did both; yet because Alabama’s false alarm law lists only a bomb threat as a possible felony escalator and false reporting is exclusively a misdemeanor, she was properly charged with the two relatively low-level offenses – which also meant that when she was found first found guilty in municipal court on Oct. 11 , her recommended sentence of a year in jail represented the outer limit of her carceral punishment. Her ultimate plea deal, a year of probation, 100 hours of community service and more than $17,000 in restitution , again represents the stiffest sort of sentence available for a first-time non-violent offender charged only with misdemeanors. 

University of Alabama School of Law professor Jenny Carroll, a criminal law expert who once represented a 14-year-old boy charged with making a bomb threat shortly after 9/11, said the misdemeanor approach was the right one when no one is injured and there’s no public alarm. 

“Nobody rushes to a scene, nobody else is arrested, a building’s not cleared, or even if a building is cleared, there’s no other harm,” Carroll said. “It takes some time of out people’s day. I think the idea is this is the appropriate level of punishment and culpability to attach for that type of crime.”  

Alabama’s previous approach to false reporting and false alarm is common but hardly universal amongst states. Missouri and South Dakota similarly make felony exceptions only for false reports of explosives, while Indiana does the same but also makes it a felony for a false report of consumer product tampering. In Nevada, any false report of a crime that results in a police investigation is a misdemeanor , but false information triggering an Amber Alert results in a felony . Oregon has no felony escalators but requires a jail term for anyone guilty of swatting, a prank in which a defendant purposefully intended for a SWAT team to respond to a fake report.  

A small minority of states treat false alarms and false reports almost exclusively as felonies. Ohio begins felony liability at an economic harm threshold of only $1,000, a figure that includes business losses, government expenses and other costs that quickly accumulate. In Louisiana , it is a misdemeanor only when police do not respond at all to a false report, while a law enforcement response could result in a sentence of up to five years — assuming no one is seriously injured (up to eight years) or killed (between 10 and 40 years).

HB82 , the new law that amends 13A-10-A and now sits on Gov. Kay Ivey’s desk awaiting her signature, doesn’t do much on paper, simply adding that where a false report “alleges imminent danger to a person or the public,” it is now a Class C felony. The vagaries of that change will be up to prosecutors and courts to suss out, but at first blush, it appears to be a more encompassing version of the previous law, one that would address bomb threats, swatting, the incredibly low likelihood of another Russell-style hoax and any number of other frightening fake crime.

But to broadly increase the consequences in this area is likely a mistake because false report laws have at least one disastrous and tragic misapplication: the targeting of sexual assault victims who truthfully — but perhaps inaccurately — report crimes perpetrated against them.

False report and sexual assault

Attorney Leroy Maxwell has seen that injustice in his practice.

As a criminal defense lawyer and the founder and managing partner of the Maxwell Tillman law firm, he represented Emma Mannion, a UA student charged with false reporting after Tuscaloosa police didn’t believe her account of a sexual assault — an allegation, Maxwell said, that was eventually corroborated with video evidence but only after Mannion, whose story was explored in the Netflix documentary “Victim/Suspect,” took a plea deal to avoid the ordeal of a trial.  

“Anyone who’s reliving that traumatic experience, they don’t recall things, and they may perceive things differently from everyone else,” Maxwell said. “So when you have officers who are not necessarily trained or understand how trauma works, they could take that and say, ‘Oh, well, this isn’t true. This is a lie, therefore everything is a fabrication and now we want to charge you with making a false report,’ when they really don’t have the training or should be making those sorts of calls.”

LSU law professor Lisa Avalos, a scholar who has studied for more than a decade the problem of sexual assault victims charged with false reporting, said more communities need to establish sexual assault response teams, or multidisciplined response groups that include trained law enforcement members as well as medical professionals and victim advocates.  

“Generally, when these cases happen, it’s simply an officer, usually with very poor training in sexual assault investigation, just deciding on their own impulse that they’re going to charge this victim with false reporting,” said Avalos, who was also featured in “Victim/Suspect.” “And if they check with anybody, maybe it’s one supervisor who agrees with them and who also probably isn’t well-trained, and these are generally decisions that would not survive scrutiny if there was a sexual assault response team in place.”

Training materials authored by Avalos and the advocacy group End Violence Against Women International include accounts — stomach-churning, conscience-shocking accounts — of rape victims who faced false reporting charges even after suffering violent assaults. If Carlee Russell and her B-movie plot was the fantastical outlier, it is these stories of women, of victims who have the justice system turned against them, that serve as the brutally common.

“There’s a lot of these cases,” Avalos said. “And it’s really appalling.”

The way forward: caution

Outside of his representation of Emma Mannion, Maxwell says he’s had clients who were falsely and maliciously accused of committing a crime, people for which an arrest — much less a conviction — was enough to violate the terms of their probation and send them to jail. So while Maxwell believes Alabama’s laws were “where they need to be,” he said he can see an argument for stronger penalties targeting vindictive false reports.

“You hate to be a defense attorney who thinks that punishment should be harsher,” Maxwell said. “But at the same time, I think if you poll criminal defense lawyers who do high level defense, I think they’ll tell you that with their cases, there is a high percentage of folks they represent who are actually innocent, who are being falsely accused.” 

Wisconsin law states that intentionally providing false information to a police officer or planting misleading physical evidence is a misdemeanor, but that misdemeanor can become a felony if the information is used in a trial that results in the conviction of an innocent person. That idea feels right as it tracks and appropriately punishes the harm of an unjust criminal conviction — yet changes to Alabama law might not yield the same targeted outcome because attempts to rewrite state statutes to increase punishment are likely to create new laws that are over-inclusive, said UA law professor Carroll.   

“People who don’t actually create a big harm that we’re trying to prevent are going to get swept up,” Carroll said. “And if prosecutors want to prosecute them, they’re going to.”

The people of New York, acting through their representatives, made a small, mostly symbolic decision to honor the memory of a man who died on a rainy night for the emptiest of reasons. But the people of New York said that Chris Bilger’s sacrifice mattered, and that says something about them and their representatives.

If Alabama has no hero to laude, and if these laws already perpetuate injustice and if any change is unlikely to achieve the result we think we want, what are we truly doing here?

And what does that say about us?

“Criminal legal systems are big, and they’re complicated. And I always tell my students they’re hammers, and everything they see is a nail,” Carroll said. “And it’s not always a nail. Sometimes it’s a person in a mental health crisis. Sometimes it’s a person who made a terrible mistake, and we don’t actually get any benefit from prosecuting them because nobody else is going to make that mistake.

“And so there’s nothing we gain from this.”

Will Nevin, J.D., Ph.D., is an assistant professor and program coordinator for Communications Media at Alabama A&M University.

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False Health Claims Abound, but Physicians Are Still the Most Trusted Source for Health Information

• 1 Senior Staff Writer, Medical News & Perspectives, JAMA
• 2 Manager and Senior Medical Illustrator, Editorial Graphics, JAMA and JAMA Network
• Editor's Note Introducing JAMA Data Brief Jennifer Abbasi, BA; Karen Bucher, MA, CMI; Andy Rekito, MS; Stephen Schenkel, MD, MPP; Annette Flanagin, RN, MA JAMA

The COVID-19 pandemic spotlighted a growing problem: the pervasiveness of false claims about health. To better understand how people in the US view health inaccuracies and learn about them through media use, KFF (formerly Kaiser Family Foundation), a nonprofit organization focused on health policy, tracked exposure to and beliefs about certain claims. For their Health Misinformation Tracking Pilot Poll , conducted last year, public opinion researchers at KFF asked a nationally representative sample of 2007 Black, Hispanic, and White adults about inaccurate information pertaining to COVID-19, gun violence, and reproductive health. The survey team also asked where people get their news and which sources of health information they trust.

The poll showed that trust in health care professionals crossed party lines: 95% of both Democrats and Republicans reported trusting their personal physicians to provide the right recommendations about health issues. “Doctors are particularly well positioned to be the messengers when it comes to health recommendations that people really trust,” Lunna Lopes, MSc, the lead author of the report and a senior survey analyst at KFF, told JAMA Medical News in an interview.

Most people have a fair amount of trust in the government to provide accurate information about health issues, but trust varies across political party lines. For example, 87% of Democrats reported trust in the Centers for Disease Control and Prevention compared with 49% of Republicans. State and local public health officials were trusted by 74% of Democrats and 58% of Republicans.

Overall, 96% of participants reported that they’ve heard at least 1 of the 10 inaccurate health claims listed on KFF’s survey—that measles-mumps-rubella (MME) vaccines cause autism, for example, or that ivermectin is effective against COVID-19. And while exposure to health misinformation was rampant, the percentage of people who have heard false claims and believe they’re probably or definitely true ranged from 14% to 35%. “A key takeaway that we got from the data is that people are hearing misinformation, but not many are convinced that it’s true,” Lopes said.

The results suggest that many people fall into what KFF refers to as the “malleable middle”: people who hear or read incorrect claims but are uncertain whether the information is accurate. “They say the claims are either probably true or probably false, but they’re not convinced in either direction,” Lopes explained. She emphasized that health communication needs to be more customized to reach this group. “They’re in the middle, but that doesn’t mean that they will respond to the same types of messages or interventions.”

Another key finding was that many individuals are concerned about the spread of false health claims and want more done to limit it. People overwhelmingly reported that inaccurate information about health is an important issue. In fact, 86% of respondents said false and inaccurate information in general is a major problem, and 74% reported that false claims about health specifically are a major problem.

Most respondents—regardless of their demographics or partisanship—also believe that not enough is being done to limit false claims about health. Among those polled, 78% and 68%, respectively, reported that Congress and President Joe Biden aren’t doing enough, and about 7 in 10 reported that the US news media and social media platforms need to step up.

But the idea of false claims varies from person to person. “While people agree there’s a problem, there isn’t necessarily agreement on what constitutes health misinformation, so that’s what makes addressing the problem particularly challenging,” Lopes added.

Many people reported high social media use, yet few have trust in health information published on such platforms. YouTube and Facebook were the most popular sites: 65% and 63% of respondents reported visiting the platforms every week, respectively. But trust in these sites was considerably low. Only 8% of respondents said they would have a lot of trust in health information on YouTube, and 5% would trust health information on Facebook. Twitter, now known as X, was used weekly by 21% of respondents, although only 4% would trust health information on the site. People who frequently used social media to search for health information were more likely to believe false claims about health.

When asked about traditional news sources, most respondents said they rely on local television, national networks, and digital aggregators. Overall, 62% reported regularly watching local television news, and 56% often tune into national networks like ABC, CBS, or NBC. Digital aggregators like Apple, Google, or Yahoo news followed closely behind at 55%.

But fewer than 3 in 10 adults reported having a lot of trust in each of the media sources listed in the survey. About a fourth of respondents said they would have a lot of trust in information about health issues reported by local television news or national networks, the most trusted sources.

“You’re going to have at least a little bit of trust in the news source that you’re following, but there is some skepticism there,” Lopes said.

The takeaway, Lopes said, is that although exposure to inaccurate health information remains high, so does public doubt surrounding such claims. “Most adults express uncertainty and may be open to additional information from trusted messengers, especially from their own doctors.”

Published Online: April 26, 2024. doi:10.1001/jama.2024.6837

Conflict of Interest Disclosures: Ms Lopes reported that some support for KFF’s Health Misinformation Tracking Poll Pilot was provided by the Robert Wood Johnson Foundation.

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Suran M , Bucher K. False Health Claims Abound, but Physicians Are Still the Most Trusted Source for Health Information. JAMA. Published online April 26, 2024. doi:10.1001/jama.2024.6837

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No, the House didn't pass bill to 'outlaw' the New Testament | Fact check

The claim: House passed bill to outlaw the New Testament

A May 3 Facebook post ( direct link , archive link ) shows a screenshot of a headline that claims federal lawmakers took steps to ban a religious text central to Christianity.

"US Congress House Passes Bill to Outlaw New Testament," the headline reads. Below it is text that reads, "The US House of Representatives passed the Antisemitism Awareness Act, but concerns arise over its potential restriction on the biblical portrayal of Jesus' crucifixion."

The post's caption reads, "Remember, they don't want to you (sic) reading the Bible!"

The post was shared more than 100 times in a week.

More from the Fact-Check Team: How we pick and research claims | Email newsletter | Facebook page

Our rating: False

The bill referenced in the post would not outlaw the New Testament, according to multiple legal experts. Instead, it would require the Department of Education to use a certain definition of antisemitism when it enforces federal anti-discrimination laws on college campuses.

Bill defines antisemitism in federal anti-discrimination law

In early May, the House approved legislation that, if enacted, would expand the definition of antisemitism that the Department of Education uses when it investigates discrimination against Jews on college campuses. It passed with some bipartisan support amid a wave of protests on college campuses over Israel's war in Gaza. The bill's fate in the Senate is uncertain, the Associated Press reported.

The legislation, called the Antisemitism Awareness Act , would apply the International Holocaust Remembrance Alliance 's definition of antisemitism to Title VI of the Civil Rights Act of 1964 , which prohibits discrimination based on "race, color and national origin in programs and activities receiving federal financial assistance." That includes all colleges and universities that receive federal funds.

In a post on X , formerly Twitter, Florida Rep. Marjorie Taylor Greene said before the vote she wouldn't support the legislation, claiming it "could convict Christians of antisemitism for believing the Gospel that Jesus was handed over to Herod to be crucified by the Jews." Similarly, Florida Rep. Matt Gaetz said in an X post that “the Gospel itself would meet the definition of antisemitism under the terms of the bill.”

Fact check : House condemned pro-Palestinian slogan in resolution, did not ban it

But Richard Painter , a University of Minnesota law professor, told USA TODAY that the legislation "doesn't outlaw the New Testament at all," nor would it ban the religious text from federally funded institutions.

"You're not banning something, you're conditioning federal funds on something," Painter said. "That's different than banning it."

While certain passages of the New Testament could potentially be interpreted in ways that fit the bill's definition of antisemitism, "that doesn't mean the New Testament itself would meet the definition of antisemitism," Painter said.

Jason Mazzone , a law professor at the University of Illinois, said there is no plausible way to interpret the legislation as banning the New Testament, even in a higher education setting.

"Title VI has never been understood to require schools and other recipients of federal funding to remove or prohibit from campus books on the basis that they may contain offensive material," Mazzone said. "Nothing in the Antisemitism Awareness Act newly imposes such a requirement. And if it did, it would be a clear violation of the First Amendment."

There is only one reference to the New Testament in the International Holocaust Remembrance Alliance's definition of antisemitism – in this example : "Using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis."

The Anti-Defamation League and the United States Holocaust Memorial Museum both consider the claim that Jews killed Jesus to be an antisemitic myth used to justify violence against Jews for centuries. In 2011, Pope Benedict XVI wrote that there is no basis in scripture to support the claim that Jewish people as a whole were collectively responsible for Jesus' death, CBS News reported .

USA TODAY reached out to the social media user who shared the post for comment but did not immediately receive a response.

Our fact-check sources:

• Richard Painter , May 8, Phone interview with USA TODAY
• Jason Mazzone , May 9, Email exchange with USA TODAY
• Associated Press, May 1, House passes bill to expand definition of antisemitism amid growing campus protests over Gaza war
• The New York Times, May 2, Bill to Combat Antisemitism on Campuses Prompts Backlash From the Right
• Congress.gov, accessed May 10, H.R.6090 - Antisemitism Awareness Act of 2023
• International Holocaust Remembrance Alliance, accessed May 10, Working definition of antisemitism
• Justice Department, accessed May 10, Title VI of the Civil Rights Act of 1964

Thank you for supporting our journalism. You can subscribe to our print edition, ad-free app or e-newspaper here .

USA TODAY is a verified signatory of the International Fact-Checking Network, which requires a demonstrated commitment to nonpartisanship, fairness and transparency. Our fact-check work is supported in part by a grant from Meta .

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Campus protests over the Gaza war

House passes bill aimed to combat antisemitism amid college unrest.

Barbara Sprunt

Speaker of the House Mike Johnson visited Columbia University on April 24 to meet with Jewish students and make remarks about concerns that the ongoing demonstrations have become antisemitic. Alex Kent/Getty Images hide caption

Speaker of the House Mike Johnson visited Columbia University on April 24 to meet with Jewish students and make remarks about concerns that the ongoing demonstrations have become antisemitic.

The House of Representatives passed a bill on Wednesday aimed at addressing reports of rising antisemitism on college campuses, where activists angered by Israel's war against Hamas have been protesting for months and more recently set up encampments on campus grounds .

The Antisemitism Awareness Act would see the adoption of the International Holocaust Remembrance Alliance's definition of antisemitism for the enforcement of federal anti-discrimination laws regarding education programs.

The bill passed with a 320-91 vote. Seventy Democrats and 21 Republicans voted against the measure.

The international group defines antisemitism as "a certain perception of Jews, which may be expressed as hatred toward Jews" and gives examples of the definition's application, which includes "accusing Jews as a people of being responsible for real or imagine wrongdoing committed by a single Jewish person or group" and making " dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as collective."

Rep. Mike Lawler, R-N.Y., introduced the legislation.

"Right now, without a clear definition of antisemitism, the Department of Education and college administrators are having trouble discerning whether conduct is antisemitic or not, whether the activity we're seeing crosses the line into antisemitic harassment," he said on the House floor before passage.

The bill goes further than an executive order former President Donald Trump signed in 2019 . Opponents argue the measure could restrict free speech.

"This definition adopted by the International Holocaust Remembrance Alliance includes 'contemporary examples of antisemitism'," said Rep. Jerry Nadler in a speech on the House floor ahead of the vote. "The problem is that these examples may include protected speech in some context, particularly with respect to criticism of the state of Israel."

Fellow New York Democrat Rep. Ritchie Torres , one of the 15 Democratic cosponsors of the bill, told NPR he finds that argument unconvincing.

"There's a false narrative that the definition censors criticism of the Israeli government. I consider it complete nonsense," Torres said in an interview with NPR.

"If you can figure out how to critique the policies and practices of the Israeli government without calling for the destruction of Israel itself, then no reasonable person would ever accuse you of antisemitism," he added.

Issue should 'transcend partisan politics'

While members of both parties have criticized reports of antisemitism at the protests, Republicans have made the issue a central political focus.

House Speaker Mike Johnson made a rare visit last week to Columbia University, where demonstrators were demanding the school divest from companies that operate in Israel. Johnson and a handful of GOP lawmakers met with a group of Jewish students.

"They are really concerned that their voices are not being heard when they may complain about being assaulted, being spit on, being told that all Jews should die — and they are not getting any response from the individuals who are literally being paid to protect them," Rep. Anthony D'Esposito, R-N.Y., told NPR of the meeting.

On Tuesday, Johnson held a press conference focused on antisemitism with a group of House Republicans at the U.S. Capitol.

"Antisemitism is a virus and it will spread if it's not stamped out," Johnson said. "We have to act, and House Republicans will speak to this fateful moment with moral clarity."

Rep. Pramila Jayapal, D-Wash., who chairs the House progressive caucus, says Republicans are playing politics.

"Many of these Republicans didn't say a word when Trump and others in Charlottesville and other places were saying truly antisemitic things. But all of a sudden now they want to bring forward bills that divide Democrats and weaponize this," she said.

Torres said he wished Johnson had done a bipartisan event with House Democrats to "present a united front."

"You know, it's impossible to take the politics out of politics, but the fight against all forms of hate, including antisemitism, should transcend partisan politics," he said.

Student protestors chant near an entrance to Columbia University on April 30. Columbia University has restricted access to the school's campus to students residing in residential buildings on campus and employees who provide essential services to campus buildings after protestors took over Hamilton Hall overnight. Michael M. Santiago/Getty Images hide caption

Student protestors chant near an entrance to Columbia University on April 30. Columbia University has restricted access to the school's campus to students residing in residential buildings on campus and employees who provide essential services to campus buildings after protestors took over Hamilton Hall overnight.

Jewish students speak about feeling harassed

Hear from students who met with speaker johnson.

There was increased urgency to move legislation to the floor after lawmakers started hearing stories of Jewish students feeling unwelcome on campuses.

Eliana Goldin, a junior at Columbia and the Jewish Theological Seminary, said the escalation of protests on and around her campus have made her feel unsafe.

"I know many, many people who have been harassed because they wear a Jewish star necklace," Goldin told NPR. Goldin was one student who received a message from Rabbi Elie Buechler of Columbia a week ago.

"The events of the last few days...have made it clear that Columbia University's Public Safety and the NYPD cannot guarantee Jewish students' safety in the face of extreme antisemitism and anarchy," the message read. "It deeply pains me to say that I would strongly recommend you return home as soon as possible and remain home until the reality in and around campus has dramatically improved."

Demonstrators say their protest is peaceful and that some of the antisemitic events that have garnered national attention have come from people outside of the university.

Goldin said she was part of an interaction that got a lot of online attention of someone yelling at her and others to "go back to Poland." She said she was disappointed in the reaction from the broader Columbia community, even though the person was likely not a student.

"I do think if someone were to say, 'go back to Africa' to a Black student, it would one, be abhorrent," Goldin said. "And correctly, the entire Columbia student body would feel outraged at that, and we would all be able to rally around it. But of course, when someone says 'go back to Poland' to a Jew, we don't feel the same outrage and the same unity against that."

Torres said lawmakers should listen to students like Goldin.

"If there are Black students, who claim to experience racism, we rightly respect their experiences. The same would be true of Latino students, the same would be true of Asian students," he said. "If there are Jewish students who are telling us that they do not feel safe, why are we questioning the validity of their experiences? Why are we not affording them the sensitivity that we would have for every other group?"

Columbia University did not respond to NPR about questions about their handling of the protests.

A demonstrator breaks the windows of the front door of the building in order to secure a chain around it to prevent authorities from entering as demonstrators from the pro-Palestine encampment barricade themselves inside Hamilton Hall, an academic building at Columbia University, on April 30. Alex Kent/Getty Images hide caption

A demonstrator breaks the windows of the front door of the building in order to secure a chain around it to prevent authorities from entering as demonstrators from the pro-Palestine encampment barricade themselves inside Hamilton Hall, an academic building at Columbia University, on April 30.

'It just really kind of erodes the soul'

Xavier Westergaard, a Ph.D. student at Columbia, attended the meeting between the House GOP delegation and Jewish students.

"The mood in the room was relief that someone so high up in the government made this a priority," he said, referring to Johnson.

"Jewish students, including myself, have been the victims of physical violence and intimidation. This goes from shoving, spitting, being told to go back to Europe," he said. "It just really kind of erodes the soul if you hear it too many times."

He added: "And this is not just happening outside the gates, on the sidewalk where anyone from anywhere can come and demonstrate. We do have the First Amendment in this country. This was actually on campus. The university has responsibilities to protect their students from harassment on the basis of religion or creed or national origin."

A consistent refrain among protesters is that criticizing the policies of the Israeli government doesn't equate to antisemitism.

Westergaard agrees, but says that's not what he's experiencing.

"I've heard, 'We want all Zionists off campus.' I've heard 'death to the Zionist state, death to Zionists.' And as a Jew, I feel that Zionism and Judaism can be teased apart with a tremendous amount of care and compassion and knowledge," he said. "But it's also just a dog whistle that people use when they're talking about the Jews."

Juliana Castillo, an undergraduate, was also at the meeting with Johnson. She said calls for the safety of students doesn't just include physical well-being.

"There are things like intimidation, like feeling uncomfortable being openly Jewish or taking a direct route across campus," she said. "It doesn't always manifest as a lack of physical safety. Sometimes it manifests as being unwelcome in a class or feeling like people's viewpoints or perspectives are not respected."

She said even isolated incidents of antisemitism that get circulated widely online have a "creeping impact on people."

"Just knowing that something has happened to your friends, or to people you know in a place you're familiar with, makes it difficult to have a sense that this is your campus," she said. "These things do build up."

Bipartisan push on more bills to counter antisemitism

Lawmakers say this bill is just one step — and that there's more action the chamber should take to combat antisemitism.

Torres and Lawler have introduced another bill that would place a monitor on a campus to report back to the federal government on whether the university is complying with Title VI , which prohibits discrimination based on race, color or national origin in places like colleges that receive federal funding.

"A law is only as effective as its enforcement, and the purpose here is to provide an enforcement mechanism where none exist," Torres said. "And I want to be clear: the legislation would empower the federal Department of Education not to impose a monitor on every college or university, only when there's reason to suspect a violation of Title VI."

Meanwhile, House Minority Leader Hakeem Jeffries is urging Johnson to bring the bipartisan Countering Antisemitism Act to the floor.

"The effort to crush antisemitism and hatred in any form is not a Democratic or Republican issue" said Jeffries in a statement.

Letter to Speaker Mike Johnson on the Bipartisan Countering Antisemitism Act. pic.twitter.com/z3weUD54zm — Hakeem Jeffries (@RepJeffries) April 29, 2024

The bill would establish a senior official in the Department of Education to monitor for antisemitism on college campuses and create a national coordinator in the White House to oversee a new interagency task force to counter antisemitism.

"We have negotiated that bill for nine months. It is bipartisan. It's bicameral," said North Carolina Democrat Kathy Manning, who co-chairs the House Bipartisan Task Force for Combating Antisemitism.

Manning was part of a trio of House Democrats who visited Columbia University last week to hear from Jewish students.

Manning points to a study from the American Jewish Committee that found that 46% of American Jews since October 7 say they have altered their behavior out of fear of antisemitism .

"I find that deeply disturbing, that in the United States of America, people are now afraid to be recognized in public as being Jewish," Manning said.

R.F.K. Jr. Says Doctors Found a Dead Worm in His Brain

The presidential candidate has faced previously undisclosed health issues, including a parasite that he said ate part of his brain.

Robert F. Kennedy Jr. has emphasized his vitality and relative youth compared with the leading Democratic and Republican candidates. Credit... Eduardo Munoz/Reuters

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By Susanne Craig

• May 8, 2024

In 2010, Robert F. Kennedy Jr. was experiencing memory loss and mental fogginess so severe that a friend grew concerned he might have a brain tumor. Mr. Kennedy said he consulted several of the country’s top neurologists, many of whom had either treated or spoken to his uncle, Senator Edward M. Kennedy, before his death the previous year of brain cancer.

Several doctors noticed a dark spot on the younger Mr. Kennedy’s brain scans and concluded that he had a tumor, he said in a 2012 deposition reviewed by The New York Times. Mr. Kennedy was immediately scheduled for a procedure at Duke University Medical Center by the same surgeon who had operated on his uncle , he said.

While packing for the trip, he said, he received a call from a doctor at NewYork-Presbyterian Hospital who had a different opinion: Mr. Kennedy, he believed, had a dead parasite in his head.

The doctor believed that the abnormality seen on his scans “was caused by a worm that got into my brain and ate a portion of it and then died,” Mr. Kennedy said in the deposition.

Now an independent presidential candidate, the 70-year-old Mr. Kennedy has portrayed his athleticism and relative youth as an advantage over the two oldest people to ever seek the White House: President Biden, 81, and former President Donald J. Trump, 77. Mr. Kennedy has secured a place on the ballots in Utah, Michigan, Hawaii and, his campaign says, California and Delaware. His intensive efforts to gain access in more states could put him in a position to tip the election.

He has gone to lengths to appear hale, skiing with a professional snowboarder and with an Olympic gold medalist who called him a “ripper” as they raced down the mountain. A camera crew was at his side while he lifted weights, shirtless, at an outdoor gym in Venice Beach.

Still, over the years, he has faced serious health issues, some previously undisclosed, including the apparent parasite.

For decades, Mr. Kennedy suffered from atrial fibrillation, a common heartbeat abnormality that increases the risk of stroke or heart failure. He has been hospitalized at least four times for episodes, although in an interview with The Times this winter, he said he had not had an incident in more than a decade and believed the condition had disappeared.

About the same time he learned of the parasite, he said, he was also diagnosed with mercury poisoning, most likely from ingesting too much fish containing the dangerous heavy metal, which can cause serious neurological issues.

“I have cognitive problems, clearly,” he said in the 2012 deposition. “I have short-term memory loss, and I have longer-term memory loss that affects me.”

In the interview with The Times, he said he had recovered from the memory loss and fogginess and had no aftereffects from the parasite, which he said had not required treatment. Asked last week if any of Mr. Kennedy’s health issues could compromise his fitness for the presidency, Stefanie Spear, a spokeswoman for the Kennedy campaign, told The Times, “That is a hilarious suggestion, given the competition.”

The campaign declined to provide his medical records to The Times. Neither President Biden nor Mr. Trump has released medical records in this election cycle. However, the White House put out a six-page health summary for President Biden in February. Mr. Trump released a three-paragraph statement from his doctor in November.

On Wednesday afternoon, hours after this article was published, Mr. Kennedy posted a comment on his X profile. “I offer to eat 5 more brain worms and still beat President Trump and President Biden in a debate,” the post read. “I feel confident in the result even with a six-worm handicap.”

Doctors who have treated parasitic infections and mercury poisoning said both conditions can sometimes permanently damage brain function, but patients also can have temporary symptoms and mount a full recovery.

Some of Mr. Kennedy’s health issues were revealed in the 2012 deposition, which he gave during divorce proceedings from his second wife, Mary Richardson Kennedy. At the time, Mr. Kennedy was arguing that his earning power had been diminished by his cognitive struggles.

Mr. Kennedy provided more details, including about the apparent parasite, in the phone interview with The Times, conducted when he was on the cusp of getting on his first state ballot. His campaign declined to answer follow-up questions.

In the days after the 2010 call from NewYork-Presbyterian, Mr. Kennedy said in the interview, he underwent a battery of tests. Scans over many weeks showed no change in the spot on his brain, he said.

Doctors ultimately concluded that the cyst they saw on scans contained the remains of a parasite. Mr. Kennedy said that he did not know the type of parasite or where he might have contracted it, though he suspected it might have been during a trip through South Asia.

Several infectious disease experts and neurosurgeons said in separate interviews with The Times that, based on what Mr. Kennedy described, they believed it was likely a pork tapeworm larva. The doctors have not treated Mr. Kennedy and were speaking generally.

Dr. Clinton White, a professor of infectious diseases at the University of Texas Medical Branch in Galveston, said microscopic tapeworm eggs are sticky and easily transferred from one person to another. Once hatched, the larvae can travel in the bloodstream, he said, “and end up in all kinds of tissues.”

Though it is impossible to know, he added that it is unlikely that a parasite would eat a part of the brain, as Mr. Kennedy described. Rather, Dr. White said, it survives on nutrients from the body. Unlike tapeworm larvae in the intestines, those in the brain remain relatively small, about a third of an inch.

Some tapeworm larvae can live in a human brain for years without causing problems. Others can wreak havoc, often when they start to die, which causes inflammation. The most common symptoms are seizures, headaches and dizziness.

There are roughly 2,000 hospitalizations for the condition, known as neurocysticercosis, each year in the United States, according to the journal Emerging Infectious Diseases .

Scott Gardner, curator of the Manter Laboratory for Parasitology at the University of Nebraska-Lincoln, said that once any worm is in a brain, cells calcify around it. “And you’re going to basically have almost like a tumor that’s there forever. It’s not going to go anywhere.”

Dr. Gardner said it was possible a worm would cause memory loss. However, severe memory loss is more often associated with another health scare Mr. Kennedy said he had at the time: mercury poisoning.

Mr. Kennedy said he was then subsisting on a diet heavy on predatory fish, notably tuna and perch, both known to have elevated mercury levels. In the interview with The Times, he said that he had experienced “severe brain fog” and had trouble retrieving words. Mr. Kennedy, an environmental lawyer who has railed against the dangers of mercury contamination in fish from coal-fired power plants , had his blood tested.

He said the tests showed his mercury levels were 10 times what the Environmental Protection Agency considers safe.

At the time, Mr. Kennedy also was a few years into his crusade against thimerosal, a mercury-containing preservative used in some vaccines. He is a longtime vaccine skeptic who has falsely linked childhood inoculations to a rise in autism, as well as to other medical conditions .

In the interview, Mr. Kennedy said he was certain his diet had caused the poisoning. “ I loved tuna fish sandwiches. I ate them all the time,” he said.

The Times described Mr. Kennedy’s symptoms to Elsie Sunderland, an environmental chemist at Harvard who has not spoken to Mr. Kennedy and responded generally about the condition.

She said the mercury levels that Mr. Kennedy described were high, but not surprising for someone consuming that quantity and type of seafood.

Mr. Kennedy said he made changes after these two health scares, including getting more sleep, traveling less and reducing his fish intake.

He also underwent chelation therapy, a treatment that binds to metals in the body so they can be expelled. It is generally given to people contaminated by metals, such as lead and zinc, in industrial accidents. Dr. Sunderland said that when mercury poisoning is clearly diet-related, she would simply recommend that the person stop eating fish. But another doctor who spoke to The Times said she would advise chelation therapy for the levels Mr. Kennedy said he had.

Mr. Kennedy’s heart issue began in college, he said, when it started beating out of sync.

In 2001 he was admitted to a hospital in Seattle while in town to give a speech, according to news reports. He was treated, and released the next day. He was hospitalized at least three additional times between September 2011 and early 2012, including once in Los Angeles, he said in the deposition. On that visit, he said, doctors used a defibrillator to shock his heart to reset the rhythm.

He said in the deposition that stress, caffeine and a lack of sleep triggered the condition. “It feels like there’s a bag of worms in my chest. I can feel immediately when it goes out,” he said.

He also said in the deposition and the interview that he had contracted hepatitis C through intravenous drug use in his youth. He said he had been treated and had no lingering effects from the infection.

Mr. Kennedy has spoken publicly about one other major health condition — spasmodic dysphonia, a neurological disorder that causes his vocal cords to squeeze too close together and explains his hoarse, sometimes strained voice.

He first noticed it when he was 42 years old, he said in the deposition. Mr. Kennedy for years made a significant amount of money giving speeches , and that business fell off as the condition worsened, he said.

He told an interviewer last year that he had recently undergone a procedure available in Japan to implant titanium between his vocal cords to keep them from involuntarily constricting.

Susanne Craig is an investigative reporter. She has written about the finances of Donald J. Trump and Robert F. Kennedy Jr. and has been a journalist for more than 30 years. More about Susanne Craig

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Utah tip line flooded with false reports of trans bathroom law violations

State auditor, tasked with managing tip line, has been swamped with hoax reports made to protect trans people from inquiries

Transgender activists have flooded a Utah tip line created to alert state officials to possible violations of a new bathroom law with thousands of hoax reports in an effort to shield trans residents and their allies from any legitimate complaints that could lead to an investigation.

The onslaught has led the state official tasked by law with managing the tip line, the Utah auditor, John Dougall, to bemoan getting stuck with the cumbersome task of filtering through fake complaints while also facing backlash for enforcing a law he had no role in passing.

“No auditor goes into auditing so they can be the bathroom monitors,” Dougall said on Tuesday. “I think there were much better ways for the legislature to go about addressing their concerns, rather than this ham-handed approach.”

In the week since it launched, the online tip line already has received more than 10,000 submissions, none of which seem legitimate, he said. The form asks people to report public school employees who knowingly allow someone to use a facility designated for the opposite sex.

Utah residents and visitors are required by law to use bathrooms and changing rooms in government-owned buildings that correspond with their birth sex. As of last Wednesday, schools and agencies found not enforcing the new restrictions can be fined up to $10,000 a day for each violation.

Although their advocacy efforts failed to stop Republican lawmakers in many states from passing restrictions for trans people, the community has found success in interfering with the often ill-conceived enforcement plans attached to those laws.

Within hours of its publication on Wednesday night, trans activists and community members from across the US already had spread the Utah tip line widely on social media. Many shared the spam they had submitted and encouraged others to follow suit.

Their efforts mark the latest attempt by advocates to shut down or render unusable a government tip line that they argue sows division by encouraging residents to snitch on one another. Similar portals in at least five other states also have been inundated with hoax reports, leading state officials to shut some down.

In Virginia, Indiana, Arizona and Louisiana, activists flooded tip lines created to field complaints about teachers, librarians and school administrators who may have spoken to students about race, LGBTQ+ identities or other topics lawmakers argued were inappropriate for children. The Virginia tip line was taken down within a year, as was a tip line introduced in Missouri to report gender-affirming healthcare clinics.

Erin Reed, a prominent trans activist and legislative researcher, said there was a collective understanding in the trans community that submitting these hoax reports was an effective way of protesting against the laws and protecting trans people who might be targeted.

“There will be people who are trans that go into bathrooms that are potentially reported by these sorts of forms, and so the community is taking on a protective role,” Reed said. “If there are 4,000, 5,000, 6,000 form responses that are entered in, it’s going to be much harder for the auditor’s office to sift through every one of them and find the one legitimate trans person who was caught using a bathroom.”

The auditor’s office has encountered many reports that Dougall described as “total nonsense”, and others that he said appear credible at first glance and take much longer to filter out. His staff had spent the last week sorting through thousands of well-crafted complaints citing fake names or locations.

Despite efforts to clog the enforcement tool they had outlined in the bill, the sponsors, state representative Kera Birkeland and state senator Dan McCay, said they remain confident in the tip line and the auditor’s ability to filter out fake complaints.

“It’s not surprising that activists are taking the time to send false reports,” Birkeland said. “But that isn’t a distraction from the importance of the legislation and the protection it provides women across Utah.”

The Republican had pitched the policy as a safety measure to protect the privacy of women and girls without citing evidence of threats or assaults by trans people against them.

McCay said he had not realized activists were responsible for flooding the tip line. The Republican said he did not plan to change how the law is being enforced.

LGBTQ+ rights advocates also have warned that the law and the accompanying tip line give people license to question anyone’s gender in community spaces, which they argue could even affect people who are not trans.

Their warnings were amplified earlier this year when a Utah school board member came under fire – and later lost her re-election bid – for publicly questioning the gender of a high school basketball player she wrongly assumed was transgender.

• Transgender
• LGBTQ+ rights

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