Section 565.222

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 01 Jan 2017, see footnote   

  565.222.  Filing a false vulnerable person abuse report — penalty. — 1.  A person commits the offense of filing a false vulnerable person abuse report if he or she knowingly files a false report of vulnerable person abuse or neglect.

  2.  The offense of filing a false report of vulnerable person abuse or neglect is a class A misdemeanor and the offender shall be subject to a fine of up to one thousand dollars, unless the offender has previously been found guilty of making a false report to the department, in which case the offense is a class E felony and the offender shall be subject to a fine of up to five thousand dollars.  Penalties collected for violations of this subsection shall be transferred to the state school moneys fund as established in section 166.051 and distributed to the public schools of this state in the manner provided in section 163.031.  Such penalties shall not be considered charitable for tax purposes.

  3.  Evidence of prior findings of guilt under this section shall be heard by the court, out of the hearing of the jury, prior to the submission of the case to the jury, and the court shall determine the existence of the prior findings of guilt.

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(L. 2014 S.B. 491)

Effective 1-01-17