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18 USC CHAPTER 79 - PERJURY 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 79 - PERJURY

.

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CHAPTER 79 - PERJURY

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Sec.

1621. Perjury generally.

1622. Subornation of perjury.

1623. False declarations before grand jury or court.

AMENDMENTS

1970 - Pub. L. 91-452, title IV, Sec. 401(b), Oct. 15, 1970, 84

Stat. 933, added item 1623.

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18 USC Sec. 1621 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 79 - PERJURY

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Sec. 1621. Perjury generally

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Whoever -

(1) having taken an oath before a competent tribunal, officer,

or person, in any case in which a law of the United States

authorizes an oath to be administered, that he will testify,

declare, depose, or certify truly, or that any written testimony,

declaration, deposition, or certificate by him subscribed, is

true, willfully and contrary to such oath states or subscribes

any material matter which he does not believe to be true; or

(2) in any declaration, certificate, verification, or statement

under penalty of perjury as permitted under section 1746 of title

28, United States Code, willfully subscribes as true any material

matter which he does not believe to be true;

is guilty of perjury and shall, except as otherwise expressly

provided by law, be fined under this title or imprisoned not more

than five years, or both. This section is applicable whether the

statement or subscription is made within or without the United

States.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 88-619, Sec. 1, Oct.

3, 1964, 78 Stat. 995; Pub. L. 94-550, Sec. 2, Oct. 18, 1976, 90

Stat. 2534; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(I), Sept.

13, 1994, 108 Stat. 2147.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 231, 629 (Mar. 4, 1909,

ch. 321, Sec. 125, 35 Stat. 1111; June 15, 1917, ch. 30, title XI,

Sec. 19, 40 Stat. 230).

Words ''except as otherwise expressly provided by law'' were

inserted to avoid conflict with perjury provisions in other titles

where the punishment and application vary.

More than 25 additional provisions are in the code. For

construction and application of several such sections, see Behrle

v. United States (App. D.C. 1938, 100 F. 2d 714), United States

v. Hammer (D.C.N.Y., 1924, 299 F. 1011, affirmed, 6 F. 2d 786),

Rosenthal v. United States (1918, 248 F. 684, 160 C.C.A. 584),

cf. Epstein v. United States (1912, 196 F. 354, 116 C.C.A. 174,

certiorari denied 32 S. Ct. 527, 223 U.S. 731, 56 L. ed. 634).

Mandatory punishment provisions were rephrased in the

alternative.

Minor verbal changes were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $2,000'' in concluding provisions.

1976 - Pub. L. 94-550 divided existing provisions into a single

introductory word ''Whoever'', par. (1), and closing provisions

following par. (2), and added par. (2).

1964 - Pub. L. 88-619 inserted at end ''This section is

applicable whether the statement or subscription is made within or

without the United States.''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 8 sections 1324a, 1357;

title 30 section 49e; title 42 section 5197a; title 50 App. section

19.

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18 USC Sec. 1622 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 79 - PERJURY

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Sec. 1622. Subornation of perjury

-STATUTE-

Whoever procures another to commit any perjury is guilty of

subornation of perjury, and shall be fined under this title or

imprisoned not more than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 774; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 232 (Mar. 4, 1909, ch.

321, Sec. 126, 35 Stat. 1111).

The punishment prescribed in section 1621 of this title was

substituted for the reference thereto.

Minor change was made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $2,000''.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 30 section 49e.

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18 USC Sec. 1623 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 79 - PERJURY

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Sec. 1623. False declarations before grand jury or court

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(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 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.

-SOURCE-

(Added Pub. L. 91-452, title IV, Sec. 401(a), Oct. 15, 1970, 84

Stat. 932; amended Pub. L. 94-550, Sec. 6, Oct. 18, 1976, 90 Stat.

2535; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13,

1994, 108 Stat. 2147.)

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AMENDMENTS

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''.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 12a.

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