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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 79 — Perjury

§ 1621. Perjury generally

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 1621

    June 25, 1948, ch. 645, 62 Stat. 773

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 773

  2. Pub. L. 88–619 § 1 · 78 Stat. 995

    Inserted · 18 U.S.C. § 1621

    Pub. L. 88–619 inserted at end “This section is applicable whether the statement or subscription is made within or without the United States.”

    Source evidence

    Code amendment note
    Pub. L. 88–619 inserted at end “This section is applicable whether the statement or subscription is made within or without the United States.”

  3. Pub. L. 94–550 § 2 · 90 Stat. 2534

    Added · 18 U.S.C. § 1621

    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)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    Sec. 2. Section 1621 of title 18, United States Code, is amended to read as follows: “§ 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 not more than $2,000 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.”.

  4. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 title XXXIII § 330016(1)(I) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 1621

    Pub. L. 103–322 substituted “fined under this title” for “fined not more than $2,000” in concluding provisions

    Source evidence

    Code amendment note
    Pub. L. 103–322 substituted “fined under this title” for “fined not more than $2,000” in concluding provisions.

    Enacted provision · exact public law section
    (I) in sections 331, 482, 486, 499, 755, 873, 958, 1016, 1154, 1156, 1381, 1542, 1543, 1544, 1545, 1586, 1621, 1622, 1702, 1708, 1709, 1920, 1921, 1923, 2071, 2193, 2233, 2386, and 2424 by striking “not more than $2,000” each place it appears and inserting “under this title”;

2 of 4 references resolved to an enrolled provision · 2 partial

Notes

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 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.

Editorial Notes

Amendments1964–1994 · 3 rounds

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.”

Credits

1948–1994 · 4 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 773
  2. 1964Pub. L. 88–619, § 1, , 78 Stat. 995
  3. 1976Pub. L. 94–550, § 2, , 90 Stat. 2534
  4. 1994Pub. L. 103–322, title XXXIII, § 330016(1)(I), , 108 Stat. 2147.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 88–619, § 1, , 78 Stat. 995; Pub. L. 94–550, § 2, , 90 Stat. 2534; Pub. L. 103–322, title XXXIII, § 330016(1)(I), , 108 Stat. 2147.)

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