Perjury is the willful and corrupt assertion of a falsehood under oath or affirmation, made before a competent officer, upon a material matter. It is committed by any person who knowingly makes untruthful statements under oath, or makes an affidavit, upon any material matter, before a competent person authorized to administer an oath in cases in which the law so requires. The elements of perjury are: first, the accused made a statement under oath or executed an affidavit upon a material matter; second, the statement or affidavit was made before a competent officer authorized to receive and administer the oath; third, in the statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; and fourth, the sworn statement or affidavit containing the falsity is required by law or made for a legal purpose. Two elements deserve emphasis. Materiality means the false statement must be material to the issue or matter in question; a falsehood on an immaterial point is not perjury. The requirement of a competent officer and a legally required oath means the oath must be one that the law authorizes or requires, such as in an affidavit, a verified pleading, or a sworn application; a casual or unnecessary oath does not support perjury. Perjury under this article should be distinguished from false testimony, which specifically punishes giving false testimony in a judicial proceeding (as a witness in court); perjury covers false statements in affidavits and other sworn statements outside of testimony in court. So perjury punishes deliberate lying under a legally required oath on a material matter, and its elements, especially materiality and a competent officer, must all be present.
What Perjury Is
Perjury is the willful assertion of a falsehood under oath, before a competent officer, on a material matter — e.g., a false statement in an affidavit or verified pleading.
The Elements
- A statement under oath or affidavit on a material matter;
- Made before a competent officer authorized to administer the oath;
- A willful and deliberate assertion of falsehood; and
- The sworn statement is required by law or for a legal purpose.
Materiality and Distinction From False Testimony
Materiality is key — a falsehood on an immaterial point is not perjury — and the oath must be legally required. Perjury covers sworn statements outside court; false testimony specifically punishes lying as a witness in a judicial proceeding.
Practical Takeaways
- Perjury = deliberate lying under a required oath on a material matter;
- It needs a competent officer and a legally required oath;
- It is distinct from false testimony (lying as a court witness).
Frequently Asked Questions
What is perjury? The willful and corrupt assertion of a falsehood under oath or affirmation, made before a competent officer, upon a material matter, such as a false statement in an affidavit or verified pleading.
What are the elements of perjury? A statement under oath or an affidavit on a material matter, made before a competent officer authorized to administer the oath, containing a willful and deliberate assertion of falsehood, where the sworn statement is required by law or for a legal purpose.
What does materiality mean in perjury? That the false statement must be material to the issue or matter in question. A falsehood on an immaterial point does not constitute perjury.
How is perjury different from false testimony? Perjury covers false statements in affidavits and other sworn statements outside of court testimony. False testimony specifically punishes giving false testimony as a witness in a judicial proceeding.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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