False Allegations of Serious Crimes Accountability Act

(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. FINDINGS.

The Legislature finds that:
(1) False allegations of serious crimes and abuse can destroy families, reputations, careers, and mental health, and in extreme cases contribute to suicide, wrongful imprisonment, and permanent loss of parental rights.
(2) Existing false‑reporting or perjury statutes often fail to address the unique harms caused when serious allegations are weaponized in family court, child protection, and online spaces, especially where no formal criminal charge is ever filed.
(3) Domestic violence, sexual assault, child abuse, and other covered offenses are serious crimes, and genuine victims must be protected, believed, and supported when they report in good faith.
(4) Strong penalties for knowingly false allegations will strengthen, not weaken, the credibility of true victims by helping the public distinguish between malicious falsehoods and good‑faith reports.
(5) Survivors of domestic violence and other trauma may have incomplete memories, inconsistent timelines, or difficulty producing evidence; these realities should never, standing alone, expose them to criminal liability.
(6) Social media and digital platforms can rapidly amplify false allegations, resulting in mob harassment, loss of employment, and vigilante violence, often before any investigation occurs.
(7) It is therefore necessary to create a narrowly tailored cause of action and criminal offense to punish only those who act with knowing falsity or reckless disregard for the truth, while preserving robust protections for good‑faith reporters and mandated reporters.

SECTION 3. 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 4. 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 5. 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 6. ONGOING PUBLICATION AND REPUBLICATION.

(a) It is unlawful, on or after the effective date of this Act, to knowingly continue to publish, republish, or distribute a false allegation of a Covered Offense through social media, digital platforms, or other public communication, where:

(1) The person has received actual notice that the allegation is false, including but not limited to a sworn recantation by the original complainant, a judicial finding that the allegation was fabricated, or clear exculpatory evidence communicated to the person; and
(2) The continued publication is reasonably likely to cause criminal, civil, professional, reputational, or social harm to the accused, or to influence an ongoing family‑court or criminal proceeding.
(b) Each intentional republication or material amplification (including reposting, re‑uploading, or tagging) of a false allegation after receiving actual notice under subsection (a)(1) constitutes a separate offense under this Act.
(c) This section applies only to conduct occurring on or after the effective date of this Act and shall not be construed to impose criminal liability solely for statements made before that date.

SECTION 7. 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 8. 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 9. SAFEGUARDS FOR GENUINE VICTIMS AND REPORTERS.

(a) This Act applies only where the prosecution proves, beyond a reasonable doubt, that the accuser: (1) knew the allegation was false at the time it was made, or (2) acted with reckless disregard for the truth as defined in Section 3(b).

(b) A report, disclosure, or allegation shall be presumed to have been made in good faith if it concerns domestic violence, sexual assault, stalking, child abuse, elder abuse, or other Covered Offenses and is made for the purpose of seeking protection, medical or mental‑health care, safety planning, or legal advice.

(1) An acquittal, dismissal, “not guilty” verdict, or a decision not to prosecute the accused.

(2) A finding in family court that allegations were “unsubstantiated,” “not sustained,” or “not proven by a preponderance of the evidence.”

(3) Inconsistencies in a victim’s memory, timeline, or details that are reasonably attributable to trauma, passage of time, or fear.

(d) Mandated reporters and professionals (including but not limited to teachers, health‑care providers, social workers, therapists, and advocates) who make reports required or permitted by law shall be immune from prosecution under this Act unless the prosecution proves that they knowingly fabricated or altered facts.

(e) Nothing in this Act shall be construed to punish or discourage genuine victims from coming forward, or to deter mandated reporters from making required reports based on reasonable suspicion.

SECTION 10. 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 11. JURISDICTION AND VENUE.

(a) For purposes of this Act, an offense is deemed to be committed in any county in which:
(1) The false allegation was made, transmitted, published, or republished; or
(2) The person falsely accused (the “victim of the false allegation”) resides, is employed, is enrolled in school, or suffers substantial reputational, professional, family, or legal harm as a foreseeable result of the false allegation.
(b) The State shall have jurisdiction to prosecute any offense under this Act when either:
(1) Any element of the offense occurs within this State; or
(2) The victim of the false allegation resides within this State and suffers substantial harm here as a result of a false allegation made or published outside this State.
(c) Venue shall be proper in:
(1) The county where the victim of the false allegation resides at the time the prosecution is commenced;
(2) Any county where the victim suffered substantial harm as a result of the false allegation, including loss of employment, family separation, or adverse court action; or
(3) Any county where the false allegation was received by law enforcement, a court, child protection agency, employer, school, or the general public.
(d) Nothing in this section shall be construed to limit any broader jurisdiction or venue otherwise provided by the laws of this State.

SECTION 12. 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 13. 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.