Perjury can also be committed by knowingly signing or acknowledging a written legal document (such as affidavit, declaration under penalty of perjury, deed, license application, tax return) that contains false information. Perjury is regulated by federal and state legislation.
To consult State Legislation regarding perjury laws and regulations please see the Criminal Code by State page.
Perjury Law - US
- Subornation of Perjury
To establish a case of subornation of perjury, a prosecutor must demonstrate that perjury was committed; that the defendant procured the perjury corruptly, knowing, believing or having reason to believe it to be false testimony; and that the defendant knew, believed or had reason to believe that the perjurer had knowledge of the falsity of his or her testimony.
- ABA - Criminal Justice Section
Founded in 1920, the Criminal Justice Section of the American Bar Association has over 20,000 members including prosecutors, private defense counsel, appellate and trial judges, law professors, correctional and law enforcement personnel, law students, public defenders, and other criminal justice professionals. With its diverse, multi-disciplinary membership, the Criminal Justice Section is uniquely situated to address the pressing issues facing today's criminal justice system.
- Criminal Code of the United States - Perjury
Title 18 U.S.C.A. § 1621 codifies the Common Law of perjury and consists of (1) a false statement is made under oath or equivalent affirmation during a judicial proceeding; (2) the statement must be material or relevant to the proceeding; and (3) the witness must have the Specific Intent to deceive.
- False Declarations Before the Grand Jury or Court
In 1970, the scope of section 1621 was expanded by the enactment of 18 U.S.C.A. § 1623. Section 1623 changes the definition of intent from willfully offering false testimony to merely having knowledge that the testimony is false. In addition it adds to the definition of perjury to include the witness's use of information, including any book, paper, document, record, recording, or other material she knows contains a false material declaration, and includes proceedings that are ancillary to any court, such as affidavits and depositions, and Grand Jury proceedings.
- Perjury - Overview
A crime that occurs when an individual willfully makes a false statement during a judicial proceeding, after he or she has taken an oath to speak the truth. The common-law crime of perjury is now governed by both state and federal laws. In addition, the Model Penal Code, which has been adopted in some form by many states and promulgated by the Commission on Uniform State Laws, also sets forth the following basic elements for the crime of perjury: (1) a false statement is made under oath or equivalent affirmation during a judicial proceeding; (2) the statement must be material or relevant to the proceeding; and (3) the witness must have the Specific Intent to deceive.
- Perjury - United States
Before a defendant can be convicted of perjury or making a false statement, the prosecutor must prove all of the elements listed in the statute. Under Federal law, the most commonly used statutes are: Title 18 United States Code sections 1621, 1623 and1001. Usually, section 1621 is referred to as a "perjury" statute, and sections 1623 and 1001 are referred to as "false statements".
- Sentencing Guidelines - Perjury or Subornation of Perjury and Bribery of Witness
Section 2J1.3 of the Sentencing Guidelines applies to perjury and subornation of perjury offenses and, since November 1, 1993, to witness bribery.
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