(Draft Legislative framework in honor of GoodTime Charley.)
SECTION 1. SHORT TITLE.
This Act may be cited as the “False Allegations Accountability Act” or “FAAA.”
SECTION 2. PURPOSE.
The purpose of this Act is to protect innocent individuals from the devastating effects of false allegations of serious crimes or misconduct, to uphold the integrity of the justice system, and to strengthen the credibility of true victims by ensuring that those who knowingly or recklessly make false allegations face accountability.
SECTION 3. DEFINITIONS.
(a) False Allegation. — The term “false allegation” means knowingly making a statement or accusation that the accuser knows to be false, or making a statement with reckless disregard for whether it is true or false, concerning one or more Covered Offenses, with the intent or foreseeable effect of causing criminal, civil, professional, reputational, or social harm to the accused.
(b) Reckless Disregard. — The term “reckless disregard” means making a statement without reasonable basis, without attempting to verify its truth, or while consciously ignoring facts that would show it to be false.
(c) Covered Offenses. — The term “Covered Offenses” includes knowingly false allegations of:
(1) Domestic violence or intimate partner violence;
(2) Rape;
(3) Sexual assault;
(4) Child abuse or elder abuse, whether physical or emotional;
(5) Child sexual abuse or exploitation;
(6) Drug use, possession, or trafficking, where the allegation creates foreseeable risk of family separation, loss of custody, employment termination, or criminal prosecution; and
(7) Any other felony-level violent crime where reputational harm, family separation, or loss of liberty is a foreseeable consequence.
SECTION 4. OFFENSES.
(a) False Allegations Generally. — It shall be unlawful for any person to make a false allegation of a Covered Offense to:
(1) Law enforcement;
(2) A court of law;
(3) Social services, child protection agencies or mandated reporters
(4) An employer, school, advocacy group or professional licensing board;
(5) Family members of the accused; or
(6) The public, including through digital or social media.
(b) False Reports to Child Protective Services.
(1) It shall be unlawful to knowingly, or with reckless disregard for the truth, make a false report to a child protective services agency (or equivalent) alleging abuse, neglect, or drug use by a parent or guardian.
(2) If such a report is proven false, the reporting party’s identity shall be disclosed to the accused, and the reporting party may face prosecution under this Act.
(3) If the false report results in family separation, loss of custody, or termination of parental rights, these outcomes shall be considered aggravating factors requiring consecutive sentencing.
(c) False or Reckless Applications for Protective or Restraining Orders.
(1) It shall be unlawful to knowingly, or with reckless disregard for the truth, make false statements in an application for a protective order or restraining order with the intent or foreseeable effect of gaining advantage in family court, divorce proceedings, custody disputes, or other civil matters.
(2) If a temporary restraining order is granted and the final order is later denied, dismissed, or proven false, the applicant may be subject to investigation under this Act.
SECTION 5. CRIMINAL PENALTIES.
(a) Base Penalty. — Any person convicted under this Act shall face a criminal penalty equal to the maximum penalty of the crime falsely alleged.
- Example: A false rape allegation may result in up to twenty (20) years imprisonment.
- Example: A false child sexual assault allegation may result in up to life imprisonment.
(b) Suicide or Attempted Suicide. — If the false allegation directly contributes to:
(1) Death by suicide — additional penalty of fifteen (15) years imprisonment, imposed consecutively to the base penalty.
(2) Attempted suicide with permanent disability, brain injury, or other severe harm — additional penalty of fifteen (15) years imprisonment, imposed consecutively.
(3) Attempted suicide with temporary or non-severe harm — additional penalty of five (5) years imprisonment, imposed consecutively.
(c) Incited Violence by Third Parties. — If the false allegation directly contributes to violence by third parties against the accused:
(1) Resulting in death — additional penalty of fifteen (15) years imprisonment, imposed consecutively.
(2) Resulting in permanent disability, brain injury, or other severe harm — additional penalty of fifteen (15) years imprisonment, imposed consecutively.
(3) Resulting in temporary or non-severe harm — additional penalty of five (5) years imprisonment, imposed consecutively.
(d) Property Damage. — If the false allegation directly contributes to property damage, vandalism, or destruction:
(1) Major damage (over $10,000, arson, or destruction rendering a home or business unusable) — additional penalty of ten (10) years imprisonment, imposed consecutively.
(2) Moderate damage ($1,000–$10,000, including vehicles, windows, or equipment) — additional penalty of five (5) years imprisonment, imposed consecutively.
(3) Minor damage (under $1,000) — additional penalty of two (2) years imprisonment, imposed consecutively.
(e) Mandatory Sentencing. — The penalties described in this section shall not be subject to suspension, probation, or reduction below statutory minimums. Courts shall impose consecutive sentencing when aggravating factors apply.
SECTION 6. CIVIL REMEDIES.
(a) Victims of false allegations may pursue civil damages without the requirement of proving direct financial loss.
(b) Courts shall order restitution, including but not limited to:
(1) Attorney’s fees and court costs;
(2) Lost wages and employment opportunities;
(3) Reputational harm;
(4) Emotional and psychological harm; and
(5) Full restitution for any property damage.
SECTION 7. SAFEGUARDS FOR GENUINE VICTIMS.
(a) This Act shall not apply to individuals who make reports in good faith that are later unsubstantiated or not provable in court.
(b) Nothing in this Act shall be construed to punish or discourage genuine victims of crime from coming forward.
(c) Prosecutors must establish beyond a reasonable doubt that a statement was made knowingly false or with reckless disregard for the truth before conviction under this Act.
SECTION 8. ENFORCEMENT.
(a) State prosecutors shall prioritize prosecution of false allegation cases under this Act.
(b) Courts may impose consecutive sentences when multiple false allegations are made against one or more individuals.
(c) Law enforcement and prosecutorial agencies shall receive training to distinguish between good-faith reports and knowingly false or reckless falsehoods.
SECTION 9. STATUTE OF LIMITATIONS.
(a) General Rule. — Except as otherwise provided in this section, a prosecution for an offense under this Act must be commenced within five (5) years after the date on which the false allegation was made.
(b) No Limitation for Aggravated Offenses. — There shall be no statute of limitations for offenses under this Act where the false allegation directly results in:
(1) Death by suicide;
(2) Attempted suicide causing permanent disability, brain injury, or other severe harm;
(3) Death or serious bodily injury caused by third-party violence incited by the false allegation;
(4) Wrongful imprisonment or wrongful termination of parental rights.
(c) Tolling. — The statute of limitations shall be tolled (paused) during any period in which:
(1) The accused is imprisoned or otherwise deprived of liberty as a result of the false allegation; or
(2) The accused is a minor child at the time the false allegation was made.
SECTION 10. CLASSIFICATION OF OFFENSES.
(a) Felony Classification. — Except as otherwise provided in subsection (b), all offenses under this Act shall be classified as felonies.
(b) Misdemeanor Classification. — An offense under Section 5(d)(3) of this Act, involving minor property damage valued under one thousand dollars ($1,000), shall be classified as a Class A misdemeanor, punishable by up to two (2) years imprisonment and restitution.
(c) Aggravated Cases. — Any offense under this Act that results in suicide, attempted suicide with permanent disability, serious bodily injury, wrongful imprisonment, wrongful termination of parental rights, or property damage exceeding one thousand dollars ($1,000) shall be classified as a felony, regardless of sentence length.