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06-23-2011 08:11 PM |
Perjury in California:
Quote:
CALIFORNIA CODES
PENAL CODE
SECTION 118-131
118. (a) Every person who, having taken an oath that he or she will
testify, declare, depose, or certify truly before any competent
tribunal, officer, or person, in any of the cases in which the oath
may by law of the State of California be administered, willfully and
contrary to the oath, states as true any material matter which he or
she knows to be false, and every person who testifies, declares,
deposes, or certifies under penalty of perjury in any of the cases in
which the testimony, declarations, depositions, or certification is
permitted by law of the State of California under penalty of perjury
and willfully states as true any material matter which he or she
knows to be false, is guilty of perjury.
This subdivision is applicable whether the statement, or the
testimony, declaration, deposition, or certification is made or
subscribed within or without the State of California.
(b) No person shall be convicted of perjury where proof of falsity
rests solely upon contradiction by testimony of a single person
other than the defendant. Proof of falsity may be established by
direct or indirect evidence.
118.1. Every peace officer who files any report with the agency
which employs him or her regarding the commission of any crime or any
investigation of any crime, if he or she knowingly and intentionally
makes any statement regarding any material matter in the report
which the officer knows to be false, whether or not the statement is
certified or otherwise expressly reported as true, is guilty of
filing a false report punishable by imprisonment in the county jail
for up to one year, or in the state prison for one, two, or three
years. This section shall not apply to the contents of any statement
which the peace officer attributes in the report to any other person.
118a. Any person who, in any affidavit taken before any person
authorized to administer oaths, swears, affirms, declares, deposes,
or certifies that he will testify, declare, depose, or certify before
any competent tribunal, officer, or person, in any case then pending
or thereafter to be instituted, in any particular manner, or to any
particular fact, and in such affidavit willfully and contrary to such
oath states as true any material matter which he knows to be false,
is guilty of perjury. In any prosecution under this section, the
subsequent testimony of such person, in any action involving the
matters in such affidavit contained, which is contrary to any of the
matters in such affidavit contained, shall be prima facie evidence
that the matters in such affidavit were false.
119. The term "oath," as used in the last two sections, includes an
affirmation and every other mode authorized by law of attesting the
truth of that which is stated.
120. So much of an oath of office as relates to the future
performance of official duties is not such an oath as is intended by
the two preceding sections.
121. It is no defense to a prosecution for perjury that the oath
was administered or taken in an irregular manner, or that the person
accused of perjury did not go before, or was not in the presence of,
the officer purporting to administer the oath, if such accused caused
or procured such officer to certify that the oath had been taken or
administered.
122. It is no defense to a prosecution for perjury that the accused
was not competent to give the testimony, deposition, or certificate
of which falsehood is alleged. It is sufficient that he did give such
testimony or make such deposition or certificate.
123. It is no defense to a prosecution for perjury that the accused
did not know the materiality of the false statement made by him; or
that it did not, in fact, affect the proceeding in or for which it
was made. It is sufficient that it was material, and might have been
used to affect such proceeding.
124. The making of a deposition, affidavit or certificate is deemed
to be complete, within the provisions of this chapter, from the time
when it is delivered by the accused to any other person, with the
intent that it be uttered or published as true.
125. An unqualified statement of that which one does not know to be
true is equivalent to a statement of that which one knows to be
false.
126. Perjury is punishable by imprisonment in the state prison for
two, three or four years.
127. Every person who willfully procures another person to commit
perjury is guilty of subornation of perjury, and is punishable in the
same manner as he would be if personally guilty of the perjury so
procured.
128. Every person who, by willful perjury or subornation of perjury
procures the conviction and execution of any innocent person, is
punishable by death or life imprisonment without possibility of
parole. The penalty shall be determined pursuant to Sections 190.3
and 190.4.
129. Every person who, being required by law to make any return,
statement, or report, under oath, willfully makes and delivers any
such return, statement, or report, purporting to be under oath,
knowing the same to be false in any particular, is guilty of perjury,
whether such oath was in fact taken or not.
131. Every person in any matter under investigation for a violation
of the Corporate Securities Law of 1968 (Part 1 (commencing with
Section 25000) of Division 1 of Title 4 of the Corporations Code),
the California Commodity Law of 1990 (Chapter 1 (commencing with
Section 29500) of Division 4.5 of Title 4 of the Corporations Code),
Section 16755 of the Business and Professions Code, or in connection
with an investigation conducted by the head of a department of the
State of California relating to the business activities and subjects
under the jurisdiction of the department, who knowingly and willfully
falsifies, misrepresents, or conceals a material fact or makes any
materially false, fictitious, misleading, or fraudulent statement or
representation, and any person who knowingly and willfully procures
or causes another to violate this section, is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding twenty-five thousand dollars ($25,000), or
by both that imprisonment and fine for each violation of this
section. This section does not apply to conduct charged as a
violation of Section 118 of this code.
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