Police say 'Empire' actor Jussie Smollett has been charged with making a false police report

Smollett facing felony charge

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CHICAGO – Chicago police say `Empire' actor Jussie Smollett has been charged with felony disorderly conduct for allegedly filing a false police report when he reported that he was attacked by two masked men.

Department spokesman Anthony Guglielmi says the Cook County State's Attorney's office approved the felony charge on Wednesday afternoon. The charge is a Class 4 felony that carries a possible prison sentence of 1-3 years, but he could also receive probation.

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Smollett reported to police that on Jan. 29 two masked men shouted racial and homophobic slurs at him, beat him, threw a chemical substance at him and looped a rope tied like a noose around his neck.

The charges against Smollett were filed after two men who allegedly took part in the scheme testified before a grand jury.

"Empire" actor Jussie Smollett was "officially classified" a suspect in a criminal investigation Wednesday for allegedly filing a false police report, according to a tweet from Chicago police spokesman Officer Anthony Guglielmi.

A Cook County grand jury was hearing evidence just weeks after the young actor reported being the victim of a hate crime on January 29, the police spokesman said. Filing a false police report is a Class 4 felony.

READActor Jussie Smollett now a suspect in criminal investigation

His attorneys met with Cook County prosecutors earlier in the day, according to police spokesman Tom Ahern. But a source close to actor's team told CNN that he has not given police a follow-up interview and no such meeting is scheduled.