§ 1623. False declarations before grand jury or court

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. 1970

   Organized Time Control Act of 1970

   Pub. L. 91–452 title IV § 401(a) · 84 Stat. 922

   Enacted · 18 U.S.C. § 1623

   Added Pub. L. 91–452, title IV, § 401(a), Oct. 15, 1970, 84 Stat. 932

   Source evidence

   Code source credit
   Added Pub. L. 91–452, title IV, § 401(a), Oct. 15, 1970, 84 Stat. 932

   Enacted provision · exact public law section
   (a) Chapter 79, title 18, United States Code, is amended by adding at the end thereof the following new section: “§ 1623. False declarations before grand jury or court “(a) Whoever under oath 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 not more than $10,000 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.”

2. 1976

   Pub. L. 94–550 § 6 · 90 Stat. 2534

   Inserted · 18 U.S.C. § 1623(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 6. Section 1623(a) of title 18, United States Code, is amended by inserting immediately after “under oath” the following: “(or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code)”.

3. 1994

   Violent Crime Control and Law Enforcement Act of 1994

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

   Substituted · 18 U.S.C. § 1623(a)

   Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.

   Enacted provision · exact public law section
   (L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 595, 599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 844, 892, 893, 894, 924, 952, 955, 962, 963, 964, 965, 966, 967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 2315, 2383, 2386, 2387, 2388, and 2512 by striking “not more than $10,000” each place it appears and inserting “under this title”;

4. 2024

   Pub. L. 118–49 § 13(d) · 138 Stat. 882

   Inserted · 18 U.S.C. § 1623(a)

   Pub. L. 118–49 inserted “or, if such proceedings are before or ancillary to the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review established by section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), imprisoned not more than ten years” before “, or both”

   Unresolved: Pub. L. 118–49 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 118–49 inserted “or, if such proceedings are before or ancillary to the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review established by section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), imprisoned not more than ten years” before “, or both”.

3 of 4 references resolved to an enrolled provision · 1 unresolved