False Statement Under Oath; Defined & Punished

A person is guilty of a misdemeanor if he makes a false statement under oath which he does not believe to be true and: (a) the falsification occurs in an official proceeding; or (b) the falsification is intended to mislead a public servant in performing his official function. SOURCE: G.P.C. § 129; M.P.C. § 241.2; *Cal. § 1040 (T.D. 3, 1969); Cal. § 1121 (1971); Mass. ch. 268, § 2; N.J. § 2C:28-2. CROSS-REFERENCES: §§ 52.15(b) -- Materiality as a question of law § 52.25(d) -- Belief of Immateriality No Defense. § 47128, Govt. Code -- False Swearing before Customs Officials. (§ 235, P.L. 13-187); § 27124 -- False Swearing -- Misdemeanor. COMMENT: Two separate offenses are defined in this Section, each of which differs from the crime of perjury. Section 52.20(1) creates perjury, except that materiality is not an element and, thus, the penalty is less. Likewise, § 52.20(2) creates perjury except that it occurs with an intent to mislead a public official in his duties, when such duties are not part of a formal hearing or proceeding. For example, a crime here would be the false swearing in a license application.