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PC 118 What Constitutes Perjury | Fresno Criminal Defense Attorney

PC 118 What Constitutes Perjury

(a) Every person who, having taken an other that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may be law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury.

This subdivision is applicable whether the statement, or the testimony, deceleration, deposition or certification is made or subscribed within or without the State of California.

(b) No person shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant.  Proof of falsity may be established by direct or indirect evidence.

What are the elements of PC 118 Perjury?

1. Defendant knowingly took an oath to testify or declare truly before a competent tribunal.

2. The testimony or declaration was given or made in circumstances in which an oath may by law be administered.

3. Defendant willfully stated as true, matter which was false.

4. Defendant knew the statement was false.

5. The false statement was material.

Can I be sentenced to prison for violating PC 118(a)? Perjury Under oath?

Yes, the sentencing triad for perjury is 2, 3, or 4 years in state prison.  With probation you may be sentenced up to one year in county jail.

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