NRS § 207.280 – “Making a False Police Report” in Nevada

NRS 207.280 makes it a crime in Nevada to deliberately report a felony or misdemeanor to a law enforcement official, knowing the report is false, when the report causes a criminal or internal investigation. An honest mistake or an accusation that police cannot prove is not, by itself, false reporting.¹

Penalty

• Classification:  Misdemeanor.
• Jail:  Up to 6 months and/or
• Fines:  Up to $1,000.

Defenses

• You believed your report was true, or
• The report was truthful, or
• No investigation resulted, or
• Prosecutors cannot prove that you knowingly made the false report.

With these cases, our approach is to compare what you actually said with what police claim you said. We look for recordings, messages, and witnesses that explain what you knew at the time. Our goal is to show why the evidence does not prove a knowing lie and to seek a dismissal or reduction when the facts support it.

In this article, our Las Vegas criminal defense attorneys address the following key issues regarding the Nevada crime of filing a false police report:

• 1. Elements of NRS 207.280
• 2. Penalties and Civil Liability
• 3. Defenses
• 4. Immigration Consequences
• 5. Record Seals
• 6. Related Crimes
• Frequently Asked Questions
• Reporting Crimes and Additional Resources

1. Elements of NRS 207.280

To convict you under NRS 207.280, Nevada prosecutors must prove the following three elements beyond a reasonable doubt:

1. You deliberately reported to an official listed in the statute that a felony or misdemeanor had been committed; and
2. You knew the report was false when you made it; and
3. Your report caused a law enforcement agency to conduct a criminal or internal investigation.

The covered officials are police officers, sheriffs, deputy sheriffs, district attorneys, deputy district attorneys, and members of the Nevada Department of Public Safety. A false statement made only to a friend or posted publicly is not, by itself, a report to one of these officials.

The statute does not require you to make a signed report or a statement under oath. An oral, telephone, written, or electronic report can qualify.²

What are examples of false reporting?

• An invented robbery: You knowingly tell an officer that someone robbed you, although no robbery occurred, and the report causes an investigation.
• A fabricated assault: You make up an attack to get sympathy, and the false report causes police to investigate.
• A knowingly false identification: An assault really happened, but you deliberately accuse someone you know was not involved, causing an investigation of that accusation.

Note that a report of domestic violence is not automatically false simply because no arrest follows, charges are dismissed, or you later change your account. Prosecutors still must prove the original report was knowingly false.

2. Penalties and Civil Liability

Making a false police report under NRS 207.280 is a Nevada misdemeanor, punishable by up to six months in county jail and/or up to $1,000 in fines.

The judge may grant community service in lieu of the fine. The judge can also grant probation and a suspended sentence instead of jail.³

Violating NRS 207.280 does not become a gross misdemeanor or felony because police spent substantial time on the case. Separate conduct, such as perjury or certain false emergency calls, may trigger other charges.

Can a public agency recover its costs?

Under NRS 41.508, a public agency may bring a civil lawsuit to recover reasonable expenses for responding to or investigating a knowingly false crime or emergency report. Recoverable expenses can include:

• personnel time,
• equipment,
• supplies,
• litigation costs, and
• reasonable attorney’s fees.

No criminal conviction is required for agencies to seek a civil remedy.⁴

Can a falsely accused person recover damages?

In Nevada, accusers generally have protection from defamation liability when they report suspected crimes to police—even if they turn out to be mistaken.

However, in Pope v. Motel 6, the Nevada Supreme Court explained that this protection can be overcome by proof of malice, including knowledge of falsity or reckless disregard for the truth. Falsely accused people who sue the accuser for malicious prosecution typically have to show lack of probable cause, malice, a criminal proceeding that ended in the accused person’s favor, and damages.⁵

3. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with crimes such as making a false police report. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries in getting NRS 207.280 charges reduced or dismissed.

1. You honestly believed the report. A good-faith misunderstanding, mistaken identification, or inaccurate memory is different from a knowing lie.
2. Your report was truthful. Police failing to find enough evidence of the reported crime does not prove you fabricated it.
3. Your report caused no investigation. The prosecution must establish a criminal or internal investigation caused by the false report. We examine agency records and the timeline rather than assume this requirement was met.
4. You did not make the alleged statement. Someone may have impersonated you, misquoted you, or falsely accused you. Recordings and other evidence can help establish what happened.
5. The evidence does not prove a knowing falsehood. Contradictions, gaps in memory, and unreliable witnesses may raise a reasonable doubt as to guilt.

Voluntary alcohol or drug use is not an automatic defense to NRS 207.280 charges.⁶

We look for 911 audio, body-camera footage, original written statements, texts, surveillance footage, and witnesses. If someone has a reason to retaliate against you, we investigate that motive and seek evidence that undermines their account.

4. Immigration Consequences

A false reporting conviction does not automatically make a noncitizen deportable, but immigration law is complicated.⁷ Noncitizens facing any criminal charge should hire counsel with two goals:

1. Get the best result possible in the criminal case; and
2. Safeguard the noncitizen’s resident status.

5. Record Seals

If you are convicted under NRS 207.280, you may generally petition to seal the record one year after release from actual custody or the end of the suspended sentence, whichever occurs later. If the charge is dismissed or you are acquitted, you can generally petition without that waiting period.

Sealing is not automatic. You must follow the applicable procedure and obtain a court order. Other charges or convictions may affect your eligibility.⁸ Learn more about sealing Nevada criminal records.

6. Related Crimes

• Perjury or subornation of perjury (NRS 199.120): Qualifying false statements under oath, or inducing another person to make them, are category D felonies.
• False declarations under penalty of perjury (NRS 199.145): A willfully false statement about a material matter, or a willful unqualified statement of something the person does not know to be true, can constitute a category D felony when made in such a declaration.
• Obstructing a public officer (NRS 197.190): This misdemeanor covers specified failures to provide lawfully required information, willfully false statements in that information, and willful obstruction of official duties where no other provision applies.
• False emergency calls and swatting (NRS 207.245): Knowingly or willfully accessing an emergency telephone system when no actual or perceived emergency exists, or reporting an emergency on a government nonemergency telephone line under those circumstances, is generally a gross misdemeanor. It becomes a category E felony when the caller intends to initiate an emergency response despite no actual emergency and the response causes death or serious bodily injury.⁹

Frequently Asked Questions

Can I be charged if I report a real crime but lie about who did it?

A real crime does not excuse a knowingly false accusation. Deliberately naming someone you know was not involved can support a charge under NRS 207.280 if the report meets the other statutory requirements, including causing a criminal or internal investigation.

We examine whether you knowingly accused the wrong person or made an honest identification mistake. The original recording, lighting, distance, and what you actually saw may help establish reasonable doubt.

Can I be convicted if I honestly thought a crime happened?

An honest mistake does not satisfy the requirement that you knew the report was false. Police finding no crime, declining to arrest anyone, or closing the investigation does not by itself prove false reporting.

We look for evidence explaining your belief at the time, such as messages, sounds you heard, or what a witness told you. That evidence can help us challenge an attempt to treat a misunderstanding as a deliberate lie.

When can a false report lead to felony charges?

NRS 207.280 itself is a misdemeanor. Separate felony charges may apply if the conduct meets another statute, such as category D perjury under NRS 199.145.

Under NRS 207.245, a false emergency call is a category E felony when the caller intends to initiate an emergency response despite no actual emergency and the response causes death or serious bodily injury. That law also covers false emergency reports on government non-emergency telephone lines.

We examine each element of the felony charge. A signed report is not automatically a declaration under penalty of perjury, and an emergency response alone does not establish felony swatting.

Can the person I falsely accused sue me in civil court?

A civil claim may be possible.

Nevada recognizes a qualified privilege for statements to police before criminal proceedings begin. However, malice, including knowing falsity or reckless disregard for the truth, can defeat it. A malicious prosecution claim requires additional proof, including lack of probable cause, malice, a criminal case ending in the accused person’s favor, and damages.

We review the evidence behind the accusation and any threatened lawsuit. An unproven report is not necessarily a malicious report, and a demand for money does not establish that the person has a valid claim.

Will I have to pay for the police investigation?

Possibly. NRS 41.508 allows a public agency to sue for reasonable response and investigation expenses caused by a knowingly false crime or emergency report, even without a criminal conviction. These expenses can include personnel time and equipment costs. This civil remedy is separate from criminal restitution.

We can examine whether the claimed expenses were caused by your conduct and whether the agency has documentation supporting them. Every expense listed in a demand is not necessarily recoverable.

Reporting Crimes and Additional Resources

Call 911 for emergencies. For nonemergency police assistance in LVMPD’s jurisdiction, call 311 or 702-828-3111. Some reports can also be filed online or at a police station. Outside that jurisdiction, contact the appropriate local agency.¹⁰

If you believe a report you made contains a mistake, speak with a defense attorney about how to address it truthfully. Preserve relevant messages and recordings, and do not pressure anyone to change their account. We can help you explain an honest mistake without adding confusion to the record.

• When to Call 911 or 311 — Las Vegas Metropolitan Police Department.
• Filing a Report — Las Vegas Metropolitan Police Department.
• Report Suspected Child Abuse or Neglect — Nevada Division of Child and Family Services.
• Report Vulnerable Adult Abuse — Nevada Aging and Disability Services Division.
• Prevent Child Abuse Nevada — Child abuse prevention information.
• Adult Protective Services Resources — Nevada 211.

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Legal References