Title 18, Crimes and Criminal ProcedureRelease 119-110

§1623 False Declarations Before Grand Jury or Court

Title 18 › PART I — CRIMES › CHAPTER 79 — PERJURY › § 1623

Last updated Sep 22, 2026|Official source

Summary

If a person knowingly lies under oath in a U.S. court or grand jury, or in a sworn statement allowed by federal law, or uses papers or other material they know contain false statements, they can be fined or sent to prison for up to 5 years. If the matter is before the Foreign Intelligence Surveillance Court or its review court, the prison time can be up to 10 years. The rule applies whether the act happened inside or outside the United States. A charge can say the person made two or more sworn statements that contradict each other without naming which one is false, as long as each statement mattered to the case and was made within the time limit for bringing charges. Saying you honestly believed each statement was true can be a defense. If someone admits a false statement during the same ongoing proceeding before it has affected the case or been exposed, that admission can stop a prosecution. Conviction must be proved beyond a reasonable doubt, and there is no required number or type of witnesses or evidence.

Full Legal Text

Title 18, §1623

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Whoever under oath (or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code) in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration, shall be fined under this title or imprisoned not more than five years or, if such proceedings are before or ancillary to the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review established by section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), imprisoned not more than ten years, or both.
(b)This section is applicable whether the conduct occurred within or without the United States.
(c)An indictment or information for violation of this section alleging that, in any proceedings before or ancillary to any court or grand jury of the United States, the defendant under oath has knowingly made two or more declarations, which are inconsistent to the degree that one of them is necessarily false, need not specify which declaration is false if—
(1)each declaration was material to the point in question, and
(2)each declaration was made within the period of the statute of limitations for the offense charged under this section.
In any prosecution under this section, the falsity of a declaration set forth in the indictment or information shall be established sufficient for conviction by proof that the defendant while under oath made irreconcilably contradictory declarations material to the point in question in any proceeding before or ancillary to any court or grand jury. It shall be a defense to an indictment or information made pursuant to the first sentence of this subsection that the defendant at the time he made each declaration believed the declaration was true.
(d)Where, in the same continuous court or grand jury proceeding in which a declaration is made, the person making the declaration admits such declaration to be false, such admission shall bar prosecution under this section if, at the time the admission is made, the declaration has not substantially affected the proceeding, or it has not become manifest that such falsity has been or will be exposed.
(e)Proof beyond a reasonable doubt under this section is sufficient for conviction. It shall not be necessary that such proof be made by any particular number of witnesses or by documentary or other type of evidence.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–49 inserted “or, if such proceedings are before or ancillary to the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review established by section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), imprisoned not more than ten years” before “, or both”. 1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”. 1976—Subsec. (a). Pub. L. 94–550 inserted “(or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code)” after “under oath”.

Reference

Citations & Metadata

Citation

18 U.S.C. § 1623

Title 18, Crimes and Criminal Procedure

Last Updated

Sep 22, 2026

Release point: 119-110