For more information go to: NewYorkCriminalLawyerBlog.Com
Offering a False Instrument for Filing in the Second Degree (NY Penal Law 175.30):
A person is guilty of Offering a False Instrument for Filing in the Second Degree when, knowing that a written instrument contains a false statement or false information, he offers or presents it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office or public servant.
Offering a False Instrument for Filing in the Second Degree is a class A misdemeanor punishable by up to one year in jail.
Offering a False Instrument for Filing in the First Degree (NY Penal Law 175.35):
A person is guilty of Offering a False Instrument for Filing in the First Degree when, knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become part of the records of such public office, public servant, public authority or public benefit corporation.
Offering a False Instrument for Filing in the First Degree is a class E felony punishable by up to four years in prison.
To shed further light on these offenses, William Donnino, the commentator in the annotated code has stated:
"The basic crime of 'offering a false instrument for filing' is directed at the person who, knowing that a 'written instrument' [defined in § 175.00(3)] has false recitals, 'offers or presents' the instrument to a 'public office' or 'public servant' [defined in § 10.00(15)] with the 'knowledge or belief' that it will become part of the records of that public office or servant [§ 175.30]."
"Notably, the crime is limited to written instruments which contain false recitals as opposed to forged instruments; the instrument need only be offered or presented, not accepted or received, by the public office or servant; and the defendant need only have a subjective belief, not actual knowledge, that the instrument will become part of the records of the public office or servant."
Donnino further states that:
"The crime of offering a false instrument for filing is divided into two degrees.The basic crime is offering a false instrument in the second degree [§ 175.30] and that crime is predicated on 'knowing' that the written instrument offered for filing contains a false statement or false information. If that basic crime is also committed 'with an intent to defraud' the State or any political subdivision, public authority or public benefit corporation of the State, then the defendant is guilty of offering a false instrument for filing in the first degree [§ 175.35]. (The first-degree statute was amended in 1998 to overrule People v. Miller, 1987, 70 N.Y.2d 903, 524 N.Y.S.2d 386, 519 N.E.2d 297 by making the crime applicable to filings with a public authority or public benefit corporation. L. 1998, c. 99.)"
"By that two-degree structure, the drafters sought to distinguish the level of culpability between, for example, the person who, out of vanity, knowingly falsifies his or her age in an application for a license in which the age of the applicant is not significant, and one who corruptly defrauds the State out of huge sums through false documents submitted in connection with a building contract. See Staff Notes of the Commission on Revision of the Penal Law. Proposed New York Penal Law. McKinney's Spec. Pamph. (1964), p. 366."
It is worth noting that these offenses are very similar to the white collar crimes of Tampering with Public Records (note the same "intent to defraud" language that raises the level of the offense) and Falsifying Business Records.
For more information go to: NewYorkCriminalLawyerBlog.Com
Please note that the above information is not legal advice and should not be construed as such.
False
IF you are NOT LEGALLY separated in the state that you are a a resident of on the last day of the year. Your filing status would be married filing joint or on a separate 1040 federal income tax return MARRIED FILING SEPARATE.
Not the federal filing date. Check with your state for state filing dates.
You can use a 1040 or a 1040A if you are filing Married Filing Separately.
filing electronically
Fraud, and other possible charges depending on the circumstances.
What is the maximum punishment for filing a false arrest in Illinois?
True for iron filing.
Don't understand the question. Filing a false report with the police is a self-explanatory phrase!!
Absolutely not. You would be filing a false report and you would find yourself in a lot of trouble.Absolutely not. You would be filing a false report and you would find yourself in a lot of trouble.Absolutely not. You would be filing a false report and you would find yourself in a lot of trouble.Absolutely not. You would be filing a false report and you would find yourself in a lot of trouble.
Filing a false police report in Georgia is a misdemeanor punishable by up to a year in a jail and a $1,000 fine
false
Yes, filing a false police report is considered a felony in the state of Texas. It is a criminal offense under Texas Penal Code ยง 37.08 and can result in serious legal consequences, including imprisonment and fines.
False
Penalties for filing a false report vary depending on the jurisdiction and severity of the offense. In general, it can result in fines, community service, probation, or jail time ranging from a few months to several years. Offenders may also be required to reimburse the costs incurred by law enforcement in responding to the false report.
some
The charge would be fraud.