§ 1623. — False declarations before grand jury or court.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1623]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 79--PERJURY
Sec. 1623. False declarations before grand jury or court
(a) Whoever under oath (or in any declaration, certificate,
verification, or statement under penalty of perjury as permitted under
section 1746 of title 28, 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 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.
(Added Pub. L. 91-452, title IV, Sec. 401(a), Oct. 15, 1970, 84 Stat.
932; amended Pub. L. 94-550, Sec. 6, Oct. 18, 1976, 90 Stat. 2535; Pub.
L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat.
2147.)
Amendments
1994--Subsec. (a). Pub. L. 103-322 substituted ``fined under this
title'' for ``fined not more than $10,000''.
1976--Subsec. (a). Pub. L. 94-550 inserted ``(or in any declaration,
certificate, verification, or statement under penalty of perjury as
permitted under section 1746 of title 28, United States Code)'' after
``under oath''.
Section Referred to in Other Sections
This section is referred to in title 7 section 12a.
