California Perjury Laws

For a conviction, California perjury law requires the following elements:

• Oath: The defendant must have taken an oath before a tribunal, court, or an authorized officer to speak, depose, or testify truthfully. The oath must have occurred in a court case or proceedings during which such an oath is permitted. The oath is an affirmation that the individual understands the duty to tell the truth while under oath.
• Intent to make a false statement: The prosecutor must show that the defendant knew the falsity of the statement and presented the statement as true.
• False statement: The defendant must have presented a false statement as the truth. In some cases, the defendant's silence or implied statement might also qualify as a false statement.
• Materiality of the statement: California state laws also consider the materiality of the defendant's false statement. Materiality refers to the potential effect of the statement on the outcome of the proceedings.

• Belief that the sworn statement was true;
• Genuine impairment of memory;
• Perjury trap: the prosecuting attorney focused on extracting false answers rather than asking questions to elicit information material to the investigation or prosecution;
• Recantation or retraction: the defendant voluntarily acknowledged the false statement and recanted or retracted the statement.

If the defendant willfully caused or pursued the conviction and execution of an innocent person through perjury, the defendant can receive a sentence of death or life imprisonment without the possibility of parole.