Fishy Fishing Filing May Result in False Instrument Prosecution.
Case: People v. Powers, no. A103622 (Cal.Ct.App. (1st Dist., Div. 4) Mar. 30, 2004)
Proceeding: Prosecutor's appeal of orders sustaining a demurrer to the complaint and denying the a motion to reinstate the complaint.

Holding: Reversed. A fishing activity report required to be filed under the Fish and Game Code and Department regulations is an instrument within the meaning of Penal Code section 115 and a fishing boat operator who files a false fishing activity report with the Department may be prosecuted under section 115 for knowingly offering a false instrument to be filed with a state public office.

Authoring Justice: Patricia K. Sepulveda