Title 18 — Crimes and Criminal Procedure
Part I · Chapter 79 — Perjury
§ 1621. Perjury generally
Statutory text
Whoever—
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
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.
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. 773Pub. 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.”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.”.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
- 1948June 25, 1948, ch. 645, 62 Stat. 773
- 1964Pub. L. 88–619, § 1, , 78 Stat. 995
- 1976Pub. L. 94–550, § 2, , 90 Stat. 2534
- 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.)