PAULA RUSH
FIGHTING FOR JUSTICE  "ONE HOME AT A TIME"

FALSE AFFIDAVITS
AND PERJURY

IT'S A CRIME! WILL ANYONE GO TO JAIL?

THIS IS WHAT CALIFORNIA CRIMINAL LAW HAS TO SAY ABOUT DEPOSITIONS, AFFIDAVITS, AND SIGNED DECLARATIONS. BE SURE TO LOOK UP YOUR STATE SPECIFIC CODES. 

Penal Code 118 PC -- California Perjury Law

The California law of perjury is defined under Penal Code 118 PC. A person commits perjury in this state when he/she deliberately give false information while under oath. You are subject to prosecution for perjury if you willfully give false information in any of the following circumstances:

 

·         when testifying in court,

·         when being deposed,

·         in a signed affidavit,

·         in a signed declaration, or

·         in a signed certificate.

2009 California Penal Code - Section 118-131 :: Chapter 5. Perjury And Subornation Of Perjury

SECTION 118-131

 

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.  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.  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.  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.  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.  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.

 

124.  The making of a deposition, affidavit or certificate is deemed to be complete, within the provisions of this chapter, from the time

when it is delivered by the accused to any other person, with the intent that it be uttered or published as true.

 

125.  An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be

false.

 

126.  Perjury is punishable by imprisonment in the state prison for two, three or four years.

 

127.  Every person who willfully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the

same manner as he would be if personally guilty of the perjury so procured.

 

129.  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.

 

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