6 Things You Should Know About “Perjury” Laws

Under California Penal Code 118 pc, perjury is when you intentionally provide false information that you know to be false while you are under oath¹.

How Does The Prosecutor Prove Perjury?

To prove that someone is guilty of perjury, the prosecutor has to prove the following facts or elements²

• You took an oath to provide³ information in a truthful manner.
• You willfully⁴ stated that the information was true knowing that it was in fact false.
• The information was material⁵
• When you made the statement, you intended to testify falsely while under oath⁶
• When the information is in a form of a declaration, certification, or deposition, the defendant signed and delivered his/her declaration/deposition/certificate to someone else intending that it be circulated or published as true.⁷

Examples Of Perjury

Who Can Be Charged With Penal Code 118?

If you were under oath to tell the truth in oral or written form but you knowingly provided false information, and in the case of information in written form (i.e. declaration), you intended the information to be circulated or publicized to others, you can be charged with perjury under penal code 118.

Legal Defenses to Perjury Charges

There are several defenses that an attorney can assert to fight a charge of perjury under penal code 118 pc.

Mistake Or Misunderstanding

Because one of the elements is that you willfully make a false statement, if you honestly but mistakenly believed your statement to be true, you attorney can argue this defense.⁸

You Attempted to Correct a False Statement

If you attempted to correct the statement after it was made, that attempt may show that you did not intend to provide false information.⁹

There was Insufficient Evidence Of Perjury

Where the only proof of the falsity of your statement is the testimony of one other witness which contradicts your statement, it is insufficient to prove perjury.¹⁰

However, distinguish this from such evidence emanating from your own statement.  In other words, if the statement is false based in whole or in part on your own testimony, the jury can conclude that such evidence is sufficient to establish perjury.

If you had attempted to dissuade that witness you could be charged with dissuading a witness or victim under California penal code 136.1.

What Are The Penalties & Punishment For Perjury?

Perjury is a felony offense in California, so the penalties are harsh.

The judge has discretion to issue the penalty how he sees fit based on the following factors:

• Seriousness of your perjury,
• Your criminal record,
• Whether your perjury harmed another person.

The judge can issue any of the following penalties:

• Felony probation
• Imprisonment in county jail up to 1 year
• Imprisonment in state prison for two, three or four years.

If your perjury caused another individual to be convicted and executed, you could be found guilty of what’s called “aggravated perjury” which is punishable by a life sentence in prison without the possibility of parole, or a death sentence.

1. An oath is an affirmation or any other method authorized by law to affirm the truth of a statement. [↩]
2. Elements. Penal Code 118; CALCRIM No. 2640. [↩]
3. Could be in a form of testimony, declaration, deposition, or certification. [↩]
4. Someone commits an act willfully when he or she does it willingly or on purpose. CALCRIM No. 2640. [↩]
5. Information is material if it is probable that the information would influence the outcome of the proceedings, but it does not need to actually have an influence on the proceedings.  Knowledge of Materiality is not necessary. Penal Code Section 123. [↩]
6. Specific Intent to Testify Falsely Required.  People v. Viniegra (1982) 130 Cal.App.3d 577, 584 [181 Cal.Rptr. 848]; see also People v. Hagen (1998) 19 Cal.4th 652, 663–664 [80 Cal.Rptr.2d 24, 967 P.2d 563] [discussing intent requirement for perjury]. [↩]
7. Penal Code Section 124; People v. Griffıni (1998) 65 Cal.App.4th 581, 596 [76 Cal.Rptr.2d 590] [delivery requirement applies to “declaration”; discussing at length meaning of “deposition,” “declaration,” “certificate,” and “affidavit”]; Collins v. Superior Court (2001) 89 Cal.App.4th 1244, 1247 [108 Cal.Rptr.2d 123]; People v. Post (2001) 94 Cal.App.4th 467, 480–481 [114 Cal.Rptr.2d 356]. [↩]
8. Good Faith Belief Statement True Negates Intent. People v. Von Tiedeman (1898) 120 Cal. 128, 134 [52 P. 155] [cited with approval in People v. Hagen (1998) 19 Cal.4th 652, 663–664 [80 Cal.Rptr.2d 24, 967 P.2d 563]]; People v. Louie (1984) 158 Cal.App.3d Supp. 28, 43 [205 Cal.Rptr. 247]. [↩]
9. People v. Baranov (1962) 201 Cal.App.2d 52, 60–61 [19 Cal.Rptr. 866]. [↩]
10. There must be some other evidence that the defendant’s statement was false that corroborates the testimony of the witness. People v. Di Giacomo (1961) 193 Cal.App.2d 688, 698 [14 Cal.Rptr. 574]; Penal Code Section 118(b).  This other evidence may be direct or indirect. [↩]