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17 Prosecutions
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1 Conviction
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14 Convictions
in Fiscal Year 2014

CITE

    18 USC Sec. 1623                                            01/05/2009

EXPCITE

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

HEAD

    Sec. 1623. False declarations before grand jury or court

STATUTE

      (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.

SOURCE

    (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".
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