"609.505 [FALSELY REPORTING CRIME.] Subdivision 1. [FALSE REPORTING.] Whoever informs a law enforcement officer that a crime has been committed or otherwise
provides false information to an on-duty peace officer regarding the conduct of others, knowing that it is false and intending that the officer shall act in reliance upon it, is guilty of a misdemeanor".
The defendant is guilty if he or she provides a false brutality complaint to an <ON-DUTY> peace officer <KNOWING> that it is false and <INTENDING> the officer act upon it.
(Emphasis added)
The law fails to address false reports by proxy and if a peace officer is off duty:
1. If a complainant falsely reports police brutality to CUAPB or other third party, and such third party does not know the report to be false, and subsequently provides the information to an on duty peace officer; and,
2. If the complainant falsely reports police brutality to an off duty peace officer.
The complainant can still be prosecuted if the following conditions are met:
The complainant falsely reports police brutality involving criminal action by police to a law enforcement officer.
The proposed law should be amended to read:
"609.505 [FALSELY REPORTING CRIME.] Subdivision 1. [FALSE REPORTING.] Whoever informs a law enforcement officer that a crime has been committed or otherwise
provides false information regarding the conduct of others, knowing that it is false and intending that a law enforcement officer shall act in reliance upon it, is guilty of a misdemeanor".
Deleted: "to an on-duty peace officer".
Added: "a law enforcement officer" after "knowing that it is false and intending that".
Respectfully submitted.
Neal Krasnoff Loring Park
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