TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 79 - PERJURY
HEAD
Sec. 1621. Perjury generally
STATUTE
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.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 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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