A. The person makes a false statement under oath or affirmation or swears or affirms the truth of such a statement previously made and the person does not believe the statement to be true, provided
(1) the falsification occurs in an official proceeding as defined in section 451, subsection 5, paragraph A, or is made with
the intention to mislead a public servant performing the public servant's official duties; or
(2) the statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer
oaths; or [RR 2009, c. 2, §38 (COR).]
B. The person makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false and
not believed by the person to be true. In a prosecution under this subsection, it need not be alleged or proved which of the statements is false, but
only that one or the other was false and not believed by the defendant to be true. [RR 2009, c. 2, §38 (COR).]
RR 2009, c. 2, §38 (COR)
It is an affirmative defense to prosecution under this section that, when made in an official proceeding, the defendant
retracted the falsification in the course of such proceeding before it became manifest that the falsification was or would
have been exposed.
1981, c. 317, §14 (AMD)
In a prosecution under subsection 1, paragraph A, evidence that the allegedly false testimony or statement in the prior
official proceeding or before a notary or other person authorized to administer oaths was contradicted by evidence in that
proceeding may not be a sufficient basis by itself to sustain a conviction for false swearing.
1983, c. 450, §3 (AMD)
It is not a defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular
manner or that the declarant was not a competent witness in making the statement or was disqualified from doing so. A document
purporting to be made upon oaths or affirmation at any time when the actor presents it as being so verified shall be deemed
to have been duly sworn or affirmed.
1975, c. 740, §63 (AMD)
False swearing is a Class D crime.
1975, c. 499, §1 (NEW)
1975, c. 499, §1 (NEW).
1975, c. 740, §63 (AMD).
1979, c. 512, §28 (AMD).
1981, c. 317, §§14,15 (AMD).
1983, c. 450, §3 (AMD).
RR 2009, c. 2, §38 (COR).
Data for this page extracted on 10/16/2012 08:27:53.
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