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§ 1621. —  Perjury generally.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC1621]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
                           CHAPTER 79--PERJURY
 
Sec. 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 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, 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.''

                  Section Referred to in Other Sections

    This section is referred to in title 8 sections 1324a, 1357; title 
30 section 49e; title 42 section 5197a; title 50 App. section 19.



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