PC 148.5

PC 148.5

Offense

Knowingly making false report of crime

Aggravated Felony (AF)

Not AF as obstruction because 6-month max

Crime Involving Moral Turpitude (CIMT)

See Advice and see 148.9.

Other Removal Grounds

No other removal ground.

Advice and Comments

This does not appear to fit the definition of CIMT1 There are no cases on whether Pen C § 148.5 is categorically a CIMT. In Blanco v. Mukasey, 518 F.3d 714 (9th Cir. 2008), the Ninth Circuit held that giving false identification to a peace officer under Pen C § 148.9(a) did not require fraudulent intent and was not categorically a CIMT. The court reasoned that giving false information to a police officer under § 148.9(a) requires a showing that the defendant knowingly misrepresented their identity to a peace officer but does not require that the individual thereby knowingly attempted to obtain anything of value, indicating that fraud was not implicit in the nature of the crime. Id. So, the motive for falsely reporting a criminal offense under § 148.5 may render it as a CIMT, especially where it may interfere with an ongoing investigation or proceeding.

In the context of Pen C § 32, the Ninth Circuit held that crimes where the benefit gained is the impediment of law enforcement and avoidance of arrest do not involve moral turpitude. Navarro-Lopez v. Gonzales, 503 F.3d 1063 (9th Cir. 2007). The purpose of Pen C § 148.5 is to “deter false reports of crimes and the resulting inconvenience and danger to other members of the public.People v. Craig, 21 Cal. App. 4th 1 (1993).
and does not require intent to benefit, but no precedent; if avoiding CIMT is crucial, seek an alternative.

2020-05-19T16:55:08+00:00Updated January 29th, 2020|