District of Columbia Perjury Laws

Statutes

District of Columbia Division IV. Title 22:

• Section 22-2402 (Perjury)
• Section 22-2403 (Subornation of Perjury)
• Section 22-2404 (False Swearing)
• Section 22-2405 (False Statements)

Elements and Penalties -Perjury and Subornation of Perjury

Perjury

An individual commits perjury if all of the following elements apply:

• The individual testified under oath or affirmation;
• The oath or affirmation was taken before a competent person or tribunal;
• The oath taking or affirmation was been authorized by law;
• The individual made statements that were "material" (likely to prove or disprove important facts);
• The statements were false; and
• The individual knew or believed that the statements were false when they were made.

Penalty: A fine not to exceed $5,000, imprisonment for up to 10 years, or both.

Subornation of Perjury

An individual commits subornation of perjury if they willfully convince another person to commit perjury.

Penalty: Up to 10 years imprisonment.

Elements and Penalties - False Swearing and False Statements

False Swearing

An individual commits false swearing if all of the following elements apply:

• Under oath or affirmation, an individual willfully makes a false statement in writing;
• The statement is material; and
• The statement is one which is required by law to be sworn or affirmed by a notary public.

Penalty: Imprisonment of up to 3 years.

False Statement

An individual commits false statements if the following elements apply:

• The individual willfully makes a false statement in writing;
• The statement is material;
• The statement is made to any instrumentality of the District of Columbia government;
• The statement was made under circumstances where it could reasonably be expected to be relied on as true; and
• The writing indicates that the making of a false statement is punishable by criminal penalty, or the individual makes an affirmation by signing a declaration knowing that the facts aren't true.

Penalty: Fines up to $1,000, imprisonment for not more than 180 days, or both.

The Two-Witness Rule

The uncorroborated oath of one witness is not enough to establish that the accused's statement is false; there must be at least two witnesses to show the falsity of the statement.