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16 Prosecutions
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2 Convictions
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4 Convictions
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CITE

    18 USC Sec. 1621                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 79 - PERJURY

HEAD

    Sec. 1621. Perjury generally

STATUTE

      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.

SOURCE

    (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."
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