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A person who lies to the police may be charged with a criminal offense, including providing false information to the police, false police report, or obstruction of justice. You are not required to talk to the police. However, if you choose to talk to the police and you don’t tell the truth, you may be charged with lying.
Shealey Law Firm’s Columbia criminal defense lawyers address the question, Is it a crime to lie to the police in South Carolina?
What South Carolina Law Says About False Statements
There are several charges for lying to the police in South Carolina:
Filing a false police report
According to S.C. Code § 16-17-722, it is a crime to knowingly file a false police report.
If the crime reported is a felony, the offense is a felony, punishable by up to five years in prison and a fine of $1,000.
If the crime reported is a misdemeanor, the offense is a misdemeanor, punishable by up to 30 days in jail and a $500 fine.
Giving false information to the police
According to S.C. Code § 16-17-722, it is unlawful to:
- Make a false report accusing someone of a crime.
- Knowingly give false information to rescue personnel concerning a health emergency or fire.
- Misrepresent your identification to law enforcement to avoid arrest or criminal charges.
An offense is a misdemeanor, punishable by a $200 fine or 30 days in jail.
Perjury
According to S.C. Code § 16-9-19, it is a crime to willfully give false, misleading or incomplete testimony in court or in an official proceeding in South Carolina. A violation is a penalty punishable by up to five years in prison.
It is a crime to willfully give false, misleading or incomplete information in a required state document. A violation is a misdemeanor, punishable by up to six months in jail and a $100 fine.
Obstruction of Justice and Common Law
South Carolina Law states that obstruction of justice is both a statutory offense and a common law crime. S.C. Code § 16-9-340 prohibits using the threat of force to destroy, impede, or attempt to obstruct or impede justice. An offense is a felony punishable by up to 10 years in prison and a $10,000 fine.
The South Carolina obstruction of justice statute did not replace common law obstruction of justice. The common law offense doesn’t require the use of threat or force. Common law obstruction of justice is broadly defined as any act which prevents, obstructs, impedes or hinders justice. (State v. Cogdell).
When “Lying” Becomes a Criminal Offense
- It is NOT a crime to decline to talk to the police.
- You are NOT required to gather information or assist in an investigation.
- It is NOT a crime to not know the answers to questions.
- You do NOT have to give a police interview.
- It is NOT a crime to be mistaken.
- You are NOT required to report a crime.
Remember, the police are allowed to use deception. They may tell you that someone else has confessed, or that they already have evidence. It may not be true. But you can still be charged if you provide false information to the police.
Obstruction of Justice vs. Filing a False Police Report
Filing a false police report requires contacting the police. You must be the person who makes the report. Obstruction of justice doesn’t require you to initiate the investigation. Even if the police contact you first, you can end up charged.
For obstruction of justice, it is not necessary that the person’s efforts are successful. It is enough that the person attempts to impede justice.
For example, in State v. Singleton, the defendant was convicted of lying to the police in an investigation about a stolen laptop. The court said that there is no duty for an ordinary citizen to give a statement. But the court upheld the conviction for lying. In another case, a person was convicted for lying to the police by providing a false alibi for their boyfriend. (State v. Needs).
Common Situations Where People Get Charged
Here are some situations where a person may get charged with lying to the police:
- Accusing someone else of a crime
- Providing a false ID to the police
- Giving a false alibi
- Falsely reporting a crime to cover up something else or seek revenge
- Domestic disputes, trying to get the upper hand in divorce or custody proceedings
- Tampering with evidence
- Saying something untrue for financial gain
- Telling the police that someone isn’t home, if they are
- Saying that someone else owns personal property, like a vehicle
Can You Be Arrested for Misunderstanding or Exaggeration?
It’s not a crime to misunderstand and say something inaccurate to the police. But you can be arrested if you exaggerate to the point that you’re providing false information. You’re not required to talk to the police. If you choose to do so, you can be charged if the information that you provide is not truthful.
Contact an Experienced Columbia Criminal Defense Lawyer
If you are accused of lying to the police, contact an experienced Columbia criminal defense lawyer at Shealey Law Firm. In addition, if the police are involved in a situation, and they want to talk to you, you may have legal representation from an attorney. Contact us to get help from a lawyer.