18 U.S.C. § 1621 — Perjury generally

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 are in the code. For construction and application of several such sec- tions, 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. Editorial Notes 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 clos- ing 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.’’ § 1622. Subornation of perjury Whoever procures another to commit any per- jury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 774; 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., § 232 (Mar. 4, 1909, ch. 321, § 126, 35 Stat. 1111). The punishment prescribed in section 1621 of this title was substituted for the reference thereto. Minor change was made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $2,000’’. § 1623. False declarations before grand jury or court (a) Whoever under oath (or in any declaration, certificate, verification, or statement under pen- alty of perjury as permitted under section 1746 of title 28, United States Code) in any pro- ceeding 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 im- prisoned not more than five years or, if such proceedings are before or ancillary to the For- eign Intelligence Surveillance Court or the For- eign Intelligence Surveillance Court of Review established by section 103 of the Foreign Intel- ligence Surveillance Act of 1978 (50 U.S.C. 1803), imprisoned not more than ten years, or both. (b) This section is applicable whether the con- duct 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 pe- riod of the statute of limitations for the of- fense charged under this section. In any prosecution under this section, the fal- sity 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 indict- ment 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