What the charge means
Under C.R.S. 18-8-111, a person commits false reporting by knowingly doing any of the following:
- Causing a false alarm. Setting off or causing a false alarm of fire or another emergency to a fire department, law enforcement, or another official or volunteer agency.
- Reporting a crime that did not happen. Making a report, or causing one to be transmitted, to law enforcement about a crime or incident while knowing it did not occur, or knowing the information has no basis in fact.
- Posing as a witness. Falsely claiming to be a witness or to have information about a crime or incident.
- Falsely reporting an emergency. Knowingly making a false report of an imminent threat to a person's safety by use of a deadly weapon, the conduct behind so called swatting calls.
The key word in every version is knowingly. Prosecutors must prove you knew the report was false when you made it. An honest mistake, a report that later proves wrong, or a good faith account of something you misread is not a crime. Common scenarios include exaggerated 911 calls during disputes, fake theft reports, and prank emergency calls that spiral.
Classification and sentencing
Most forms of false reporting are class 2 misdemeanors. Under Colorado's current misdemeanor sentencing law, C.R.S. 18-1.3-501 as revised by Senate Bill 21-271, that carries up to 120 days in jail and a fine of up to $750. The false emergency forms are graded by the harm the response causes:
- Class 1 misdemeanor, up to 364 days in jail and a fine of up to $1,000, when the false report leads to an evacuation, a shelter in place order, disruption of regular activities, a standard response protocol, or bodily injury during the response.
- Class 4 felony, presumptive range of 2 to 6 years in prison under C.R.S. 18-1.3-401, if the emergency response results in serious bodily injury to another person.
- Class 3 felony, presumptive range of 4 to 12 years in prison, if the response results in someone's death.
These ranges describe what applies only if the court imposes jail or prison. The statute does not mandate incarceration, so probation or another sentence is often possible, though felony filings raise the stakes considerably.
What else it touches
False reporting is a dishonesty offense, and that label follows the conviction. Employers, licensing boards, and courts weighing credibility all take it seriously, and offenses involving deception can carry immigration risk that deserves careful review before any plea. Sealing is often available: a class 2 misdemeanor conviction can generally be sealed after about two years and a class 1 misdemeanor after about three years if you stay conviction free and meet the other requirements, while felony convictions wait longer. In Colorado, we defend false reporting charges. A consultation is the place to get answers about your specific situation.
This page is general information about Colorado law, not legal advice about your case. The law changes; for advice on your situation, talk to us.
Plain answers
Common questions.
That is not false reporting. The statute requires proof that you knew the report was false or had no basis in fact when you made it. Honest mistakes and good faith reports that later prove inaccurate do not meet that standard.
The first step
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