What is the penalty for committing purgery?
Full Question:
What is the penalty for committing purgery?
05/19/2007 |
Category: Criminal ยป Sentences |
State: California |
#5330
Answer:
Penalties for perjury vary greatly, and may be charged as a misdemeanor or felony depending on the facts and law involved.
Applicable California statutes include the following:
California Penal Code § 118
(a) Every person who, having taken an oath 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 by 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, declaration, 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.
§ 118a Penal
Any person who, in any affidavit taken before any person
authorized to administer oaths, swears, affirms, declares, deposes,
or certifies that he will testify, declare, depose, or certify before
any competent tribunal, officer, or person, in any case then pending
or thereafter to be instituted, in any particular manner, or to any
particular fact, and in such affidavit willfully and contrary to such
oath states as true any material matter which he knows to be false,
is guilty of perjury. In any prosecution under this section, the
subsequent testimony of such person, in any action involving the
matters in such affidavit contained, which is contrary to any of the
matters in such affidavit contained, shall be prima facie evidence
that the matters in such affidavit were false.
§ 119 Penal
The term "oath," as used in the last two sections, includes an
affirmation and every other mode authorized by law of attesting the
truth of that which is stated.
§ 121 Penal
It is no defense to a prosecution for perjury that the oath was
administered or taken in an irregular manner, or that the person
accused of perjury did not go before, or was not in the presence of,
the officer purporting to administer the oath, if such accused caused
or procured such officer to certify that the oath had been taken or
administered.
§ 122 Penal
It is no defense to a prosecution for perjury that the accused was
not competent to give the testimony, deposition, or certificate of
which falsehood is alleged. It is sufficient that he did give such
testimony or make such deposition or certificate.
§ 123 Penal
It is no defense to a prosecution for perjury that the accused did
not know the materiality of the false statement made by him; or that
it did not, in fact, affect the proceeding in or for which it was
made. It is sufficient that it was material, and might have been
used to affect such proceeding.
§ 126 Penal
Perjury is punishable by imprisonment in the state prison for two,
three or four years.
§ 129 Penal
Every person who, being required by law to make any return,
statement, or report, under oath, willfully makes and delivers any
such return, statement, or report, purporting to be under oath,
knowing the same to be false in any particular, is guilty of perjury,
whether such oath was in fact taken or not.