what prevents someone from giving a gift then accusing the recipient of stealing?

[horsetrot]

if the person giving the gift wanted to

 

[Zigner]

If the person filed a police report stating the "gift" was stolen, it becomes a crime.

 

[horsetrot]

By "it becomes a crime" do you mean that the filing of the report is a crime or that the recipient's accepting the gift becomes a crime once it's reported?

What if the person's report doesn't say it was a gift and just says it was stolen. If the recipient indeed has the gift in his/her possession, what defense is there?

 

[Zigner]

By "it becomes a crime" do you mean that the filing of the report is a crime or that the recipient's accepting the gift becomes a crime once it's reported?

What if the person's report doesn't say it was a gift and just says it was stolen. If the recipient indeed has the gift in his/her possession, what defense is there?

1: The false report is a crime

2: We don't "do" hypotheticals...

 

[horsetrot]

Then how do the police know whether a report is false or not if they only have the filer's word to go on?

 

[BobFlannagan]

Then how do the police know whether a report is false or not if they only have the filer's word to go on?

Yes, there are about zero cases filed every year for false police reports.

 

[CdwJava]

Yes, there are about zero cases filed every year for false police reports.

Maybe in your local agency ....

Cops hate being lied to. When they can, and where they can prove it, the police will try to file these cases. However, prosecutors have a hard time proving false reporting cases because of the nature of the beast often requires some level of mind reading ... or a confession.

 

[CdwJava]

Then how do the police know whether a report is false or not if they only have the filer's word to go on?

They do not tend to investigate whether a report is false or not, they investigate the allegation. If they can prove the complaint sufficiently, they send the info to the prosecutor who will decide if the info is sufficient to support a criminal prosecution.

In the course of the investigation, if the police believe they have been lied to for some reason, they will consider filing charges if they can substantiate that belief. Very often they cannot, so the original allegation from the alleged false report is merely dropped.

 

[Zigner]

Yes, there are about zero cases filed every year for false police reports.

Bobo - stop guessing

 

[antrc170]

To get back to the OP's question.

Technically there is nothing preventing someone from doing what you have suggested, and I'm sure that it has happened, however, the accuser will have to provide a statement to the police about how, when, what, was stolen. So if the accuser gives you a gift and then claims you stole it but he doesn't know when, or how you got in the house, etc. You'll obviously claim it was a gift. There isn't going to be a lot of information to go forth with prosecution. I would guess that the DA, or police, would suggest you give the item back and leave it at that.

Another scenario is if the accuser files a report that you stole the item while he was at work (for example). You claim it was a gift and then show that you were at work and it is not possible that you could have stolen the item, then the police could look into false police report, etc as has been written about.

Basically, the details of the report have a small chance of holding up in court.