(a) A person is guilty of perjury if, under oath in an official proceeding, he makes a false statement which is material and which he does not believe to be true. (b) Whether a statement is material is a question of law. (c) Perjury is a felony of the third degree. SOURCE: G.P.C. §§ 118, 118a, 123, 125, 126; See also §§ 127, 128; M.P.C. 241.1; *Cal. § 1030 (T.D. 3, 1969); Cal. § 1120 (1971); Mass. ch. 268, § 1; N.J. § 2C:28-1. CROSS-REFERENCES: § 4.60 - Accomplice Liability.
COL120106
COMMENT: Section 52.15 continues the most serious of the false statement offenses -- perjury. Penal Code § 128 is eliminated as this Section relates to the death penalty which is no longer inflicted. Penal Code § 127 is eliminated, being an unnecessary statement of accomplice liability. Penal Code § 119(a) touches on the problem of inconsistent statements. This Chapter reflects a decision not to adopt a special inconsistent statement provision on the ground that provision may operate to compel consistency rather than truth. Indeed, a witness may be warranted in refusing to testify at all at the second proceeding on the ground of self-incrimination, since if he changes his story he sets up a criminal case against himself under the special statute dealing with inconsistent statements. The threat that this presents to the production of truth outweighs the possible aiding of the prosecution for perjury under consistent statement provisions.