Accountability for Accusers

Accountability for Accusers Act (A.A. Act) ensures that justice cuts both ways. Under this law, anyone who knowingly makes a false criminal accusation will face the same penalties they tried to impose on an innocent person. It’s time to protect the falsely accused, restore integrity to our justice system, and hold malicious accusers accountable. Because destroying someone’s life with a lie should come with consequences..

SECTION 1. Title

This Act shall be known and may be cited as the “False Allegation Accountability Act.”

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SECTION 2. Definitions

As used in this Act:

(a) “False allegation” means a report or statement made to law enforcement, a prosecutorial agency, court of law, or other governmental authority accusing another person of the commission of a criminal offense, which the accuser knows to be materially false at the time the statement is made.

(b) “Knowingly” means having actual knowledge, or engaging in conduct with reckless disregard as to the truth or falsity of the statement.

(c) “Reciprocal punishment” means a sentence or penalty imposed upon the convicted individual equivalent in kind and duration to the criminal penalty imposed or available to be imposed upon the person falsely accused.

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SECTION 3. Offense of Knowingly Making a False Criminal Accusation

(a) Any person who knowingly makes a false allegation of a criminal act against another shall be guilty of a felony.

(b) A person convicted under this section shall be subject to:

(1) Imprisonment for a term equal to the maximum term of imprisonment for the offense alleged in the false accusation;

(2) A fine not to exceed the maximum fine prescribed for the offense alleged in the false accusation;

(3) Restitution to the falsely accused individual for all costs incurred, including but not limited to legal defense, lost income, and reputational damage;

(4) Any collateral consequences, including registration, probation, or civil penalties, applicable to the falsely alleged offense.

(c) Where the false accusation results in the arrest, detention, prosecution, or conviction of the falsely accused individual, the court may enhance the sentence of the false accuser by up to fifty percent (50%) of the otherwise applicable penalty.

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SECTION 4. Civil Remedies

(a) A person falsely accused may bring a civil action against the accuser for damages, including:

(1) Actual damages for economic loss, emotional distress, and reputational injury;

(2) Reasonable attorney’s fees and court costs;

(3) Punitive damages, where malice or willful intent is demonstrated by clear and convincing evidence.

(b) The outcome of a criminal prosecution under this Act shall not preclude or limit civil liability under this section.

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SECTION 5. Affirmative Defenses and Limitations

(a) It shall be an affirmative defense that the false statement was made under duress or coercion.

(b) This Act shall not apply to individuals who make reports in good faith, or whose statements are based on reasonable belief, even if ultimately determined to be untrue.

(c) A conviction under this Act shall require proof beyond a reasonable doubt that the defendant knowingly made a materially false statement.

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SECTION 6. Implementation and Enforcement

(a) The Attorney General or appropriate prosecuting authority shall develop guidelines and procedures for the investigation and prosecution of violations of this Act.

(b) Law enforcement agencies shall record and preserve all materials relevant to false accusation claims for no less than ten (10) years.

(c) The judiciary shall ensure that jury instructions and judicial guidelines reflect the statutory elements and protections outlined herein.