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18 U.S.C. § 1623 — False declarations before grand jury or court
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever under oath (or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under [section 1746 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1746&num=0&edition=prelim), 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, if such proceedings are before or ancillary to the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review established by section 103 of the Foreign Intelligence Surveillance Act of 1978 ([50 U.S.C. 1803](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803&num=0&edition=prelim)), imprisoned not more than ten 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
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Source location: Title 18, Chapter 79, § 1623; chapter-079-perjury.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1746&num=0&edition=prelim), 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, if such proceedings are before or ancillary to the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review established by section 103 of the Foreign Intelligence Surveillance Act of 1978 ([50 U.S.C. 1803](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803&num=0&edition=prelim)), imprisoned not more than ten 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.
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Federal law — U.S. Code and appendices · legal_authorities
Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:
(1) If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).(Signature)”.
(2) If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).(Signature)”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Court to hear applications and grant orders; record of denial; transmittal to court of review**
(1) The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this chapter, except that no judge designated under this subsection (except when sitting en banc under paragraph (2)) shall hear the same application for electronic surveillance under this chapter which has been denied previously by another judge designated under this subsection. If any judge so designated denies an application for an order authorizing electronic surveillance under this chapter, such judge shall provide immediately for the record a written statement of each reason for his decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection (b).
(2)
(A) The court established under this subsection may, on its own initiative, or upon the request of the Government in any proceeding or a party under section 1861(f) 11 See References in Text note below. of this title or paragraph (4) or (5) of [section 1881a(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a/i&num=0&edition=prelim), hold a hearing or rehearing, en banc, when ordered by a majority of the judges that constitute such court upon a determination that—
(i) en banc consideration is necessary to secure or maintain uniformity of the court’s decis
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Federal law — U.S. Code and appendices · legal_authorities
Page 417
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 1623
Sec.
Editorial Notes
AMENDMENTS
1970—Pub. L. 91–452, title IV, § 401(b), Oct. 15, 1970, 84
Stat. 933, added item 1623.
§ 1621. Perjury generally
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 other-
wise expressly provided by law, be fined under
this title or imprisoned not more than five
years, or both. This section is applicable wheth-
er the statement or subscription is made within
or without the United States.
(June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 88–619,
§ 1, Oct. 3, 1964, 78 Stat. 995; Pub. L. 94–550, § 2,
Oct. 18, 1976, 90 Stat. 2534; Pub. L. 103–322, title
XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat.
2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., §§ 231, 629 (Mar. 4,
1909, ch. 321, § 125, 35 Stat. 1111; June 15, 1917, ch. 30,
title XI, § 19, 40 Stat. 230).
Words ‘‘except as otherwise expressly provided by
law’’ were inserted to avoid conflict with perjury provi-
sions in other titles where the punishment and applica-
tion vary.
More than 25 additional provisions
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Federal law — U.S. Code and appendices · legal_authorities
Page 242
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1803
the Chief Justice with the concurrence of the
Attorney General, in consultation with the Di-
rector of National Intelligence, and shall remain
sealed unless—
(A) an application for a court order with re-
spect to the surveillance is made under sec-
tions 1801(h)(4) and 1804 of this title; or
(B) the certification is necessary to deter-
mine the legality of the surveillance under
section 1806(f) of this title.
(4) With respect to electronic surveillance au-
thorized by this subsection, the Attorney Gen-
eral may direct a specified communication com-
mon carrier to—
(A) furnish all information, facilities, or
technical assistance necessary to accomplish
the electronic surveillance in such a manner
as will protect its secrecy and produce a min-
imum of interference with the services that
such carrier is providing its customers; and
(B) maintain under security procedures ap-
proved by the Attorney General and the Direc-
tor of National Intelligence any records con-
cerning the surveillance or the aid furnished
which such carrier wishes to retain.
The Government shall compensate, at the pre-
vailing rate, such carrier for furnishing such
aid.
(b) Applications for a court order under this
subchapter are authorized if the President has,
by written authorization, empowered the Attor-
ney General to approve applications to the court
having jurisdiction under section 1803 of this
title, and a judge to whom an application is
made may, notwithstanding any other law,
grant an order, in conformity with section 1805
of this title, approving electronic surveillance of
a foreign power or an agent of a foreign power
for the purpose of obtaining foreign intelligence
information, except that the court shall not
have j
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