Under the Texas Penal Code, a false report is prosecuted under one of two statutes: Section 37.08 covers false statements made during a criminal investigation and is a Class B misdemeanor, while Section 42.06 covers fake emergencies like bomb threats or swatting calls and runs from a Class A misdemeanor up to a state jail felony. Which statute applies changes almost everything about the case, from the maximum sentence to whether a felony record is on the table.
Section 37.08: False Statements in a Criminal Investigation
Section 37.08 makes it a crime to knowingly give a false statement that is material to a criminal investigation, with the intent to deceive the person receiving it.1State of Texas. Texas Penal Code 37.08 – False Report to Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, or Jailer The statement doesn’t have to be a fabricated crime report. It has to be material, meaning it could influence the direction or outcome of an ongoing investigation. Honest mistakes, misremembered details, and good-faith misunderstandings fall outside the statute.
The law also limits who the statement must be directed to. It covers statements to a peace officer or federal special investigator conducting the investigation, an employee of a law enforcement agency authorized to handle the investigation (if the person knows that employee is conducting it), or a corrections officer or jailer.1State of Texas. Texas Penal Code 37.08 – False Report to Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, or Jailer Lying to a private investigator, a store security guard, or a civilian doesn’t trigger this statute. Lying to a jailer during an investigation does.
Section 42.06: False Alarm or Emergency Report
Section 42.06 targets fabricated emergencies. A person violates the statute by knowingly starting, communicating, or spreading a report of a bombing, fire, crime, or other emergency they know is false or baseless.2State of Texas. Texas Penal Code 42.06 – False Alarm or Report The report must be the kind that would ordinarily trigger an emergency response, put someone in fear of imminent serious bodily injury, or disrupt the use of a building, vehicle, or public place.
This is the statute behind bomb threat cases, fake active-shooter calls, and swatting, where a caller fabricates an emergency to send an armed police response to someone’s home. It reaches further than Section 37.08 and carries stiffer penalties.
Penalties
Section 37.08 Penalties
A false statement during a criminal investigation is a Class B misdemeanor.1State of Texas. Texas Penal Code 37.08 – False Report to Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, or Jailer Conviction carries up to 180 days in county jail, a fine of up to $2,000, or both.3State of Texas. Texas Penal Code 12.22 – Class B Misdemeanor Judges have discretion within that range. A first offense with limited fallout might end in probation and a fine rather than jail.
Section 42.06 Penalties
A false emergency report starts as a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.4State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor The charge becomes a state jail felony if the false report involves a public or private college or university, a public primary or secondary school, public communications systems, public transportation, or public water, gas, or power supplies.2State of Texas. Texas Penal Code 42.06 – False Alarm or Report A state jail felony conviction can bring 180 days to two years in a state jail facility and a fine of up to $10,000. Calling in a fake bomb threat to a school sits in that felony tier.
Restitution
On top of jail time and fines, a court can order restitution to victims of the offense under Texas Code of Criminal Procedure Article 42.037. Restitution covers property damage, personal injury expenses, and other financial losses the victim sustained as a direct result of the crime.5State of Texas. Texas Code of Criminal Procedure Art. 42.037 – Restitution If a false report caused a wrongful arrest or reputational damage, that can include lost wages and legal fees the victim ran up. The court weighs the total loss along with any other factors it considers appropriate.
Defenses
Lack of Intent to Deceive
Both statutes require that the person acted knowingly and with intent to deceive. This is where most defensible cases live. Someone who genuinely believed their statement was true, even if it turned out to be wrong, hasn’t committed the offense. A person reporting a crime based on a sincere misunderstanding of what they witnessed lacks the mental state the law requires. Defense attorneys typically build this argument with communication records, timeline evidence, or testimony showing the defendant had a reasonable basis for the belief at the time they spoke.
The Statement Was Not Material
For a Section 37.08 charge, the false statement must be material to a criminal investigation.1State of Texas. Texas Penal Code 37.08 – False Report to Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, or Jailer A false statement about something irrelevant to the case doesn’t satisfy that element. A witness who lies about their own whereabouts, where the lie has no bearing on what’s being investigated, gives the defense a materiality argument.
Coercion or Duress
A person threatened or coerced into making a false statement may raise duress. If someone forced the defendant to lie to police under threat of harm, the defendant arguably lacked voluntary intent. Proving duress usually requires showing the threat was immediate and serious enough that a reasonable person in the same situation would also have complied.
One Defense That Doesn’t Work
Claiming the false report was protected speech. Knowingly false statements to law enforcement are not shielded by the First Amendment, and Texas courts treat false police reports as a category of speech the Constitution does not protect.
Consequences Beyond the Sentence
A conviction for filing a false report creates a criminal record tied to dishonesty, and that label follows a person in ways the fine and jail time don’t. Background checks for jobs in law enforcement, education, healthcare, government, and any position requiring a security clearance will surface the conviction. Employers in trust-dependent fields often treat a dishonesty-related offense as disqualifying, even when it’s a misdemeanor.
Professional licensing boards can act as well. Texas licensing authorities for teachers, nurses, peace officers, and other regulated professions can deny, suspend, or revoke a license based on a conviction that reflects on the person’s character.
Civil exposure is separate from anything the criminal court does. A person who files a false report can be sued by whoever they falsely accused. Texas recognizes malicious prosecution claims when someone initiates a criminal proceeding against another person without probable cause, with malice, and the proceeding ends in the accused person’s favor; the falsely accused must also show special damages such as lost income, legal expenses, or reputational harm. Defamation is another avenue, and falsely accusing someone of a crime can constitute defamation per se, meaning damages for embarrassment, emotional distress, and reputational injury are presumed rather than proven line by line. When a false police report becomes public through arrest records or news coverage, the financial exposure for the person who made it can be substantial.