18 U.S.C. § 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)

section 1746 of title 28 in any declaration, certificate, verification, or statement under penalty of perjury as permitted under , 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.

June 25, 1948, ch. 645 62 Stat. 773 Pub. L. 88–619, § 1Oct. 3, 196478 Stat. 995 Pub. L. 94–550, § 2Oct. 18, 197690 Stat. 2534 Pub. L. 103–322, title XXXIII, § 330016(1)(I)Sept. 13, 1994108 Stat. 2147 (, ; , , ; , , ; , , .)

Historical and Revision Notes

Mar. 4, 1909, ch. 321, § 125 35 Stat. 1111 June 15, 1917, ch. 30 40 Stat. 230 Based on title 18, U.S.C., 1940 ed., §§ 231, 629 (, ; , title XI, § 19, ).

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.

Behrle v. United StatesUnited States v. HammerRosenthal v. United StatesEpstein v. United StatesMore than 25 additional provisions are in the code. For construction and application of several such sections, see (App. D.C. 1938, 100 F. 2d 714), (D.C.N.Y., 1924, 299 F. 1011, affirmed, 6 F. 2d 786), (1918, 248 F. 684, 160 C.C.A. 584), cf. (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

Pub. L. 103–3221994— substituted “fined under this title” for “fined not more than $2,000” in concluding provisions.

Pub. L. 94–5501976— divided existing provisions into a single introductory word “Whoever”, par. (1), and closing provisions following par. (2), and added par. (2).

Pub. L. 88–6191964— inserted at end “This section is applicable whether the statement or subscription is made within or without the United States.”