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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
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Experience:  16 yrs. of experience including criminal law.
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Colorado-Is it a crime to falsely accuse someone of sexual

Customer Question

Colorado-Is it a crime to falsely accuse someone of sexual abuse? My ex-wife lied, had my daughter lie, lied to an investigator, who reported to the judge. She reported she has taken my daughter "many" times to be examined for sexual abuse. Evidence in medical records, DHS/CPS proves she lied and never did this. Can I file charges? If so, how?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 5 years ago.
The district attorney in the county where the crime took place would be the person with the authority to prosecute this.

§ 148.5. False report of felony or misdemeanor

(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.


Above is the law in California on point. You will need to present the evidence to the DA in the county where this happened and request that they prosecute.




Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get paid.



Expert:  P. Simmons replied 5 years ago.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get paid.


     

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