18 U.S.C. § 1623 — False declarations before grand jury or court
submitted 56 years ago by Pub. L. 91-452 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 434 words · no verdicts yet
Knowingly making a false material declaration under oath, or using material known to contain one, in or around a U.S. court or grand jury proceeding is a crime. The section also covers conduct outside the United States and sets rules for contradictory declarations, recantation, and proof.
(a) In a U.S. court or grand jury proceeding, or a proceeding connected with one, a person who knowingly makes a false material declaration under oath, or knowingly makes or uses a book, paper, document, record, recording, or other material containing one, may be fined under this title or imprisoned up to five years. If the proceeding is before or connected with the Foreign Intelligence Surveillance Court or its Court of Review, imprisonment may be up to ten years. Either punishment, or both, may apply. A declaration, certificate, verification, or statement under penalty of perjury allowed by section 1746 of title 28 counts.
(b) The section applies whether the conduct occurred inside or outside the United States.
(c) An indictment or information alleging two or more materially inconsistent declarations need not say which one is false if (1) each was material and (2) each was made within the limitation period. The prosecution can prove falsity by showing irreconcilably contradictory material declarations under oath in a covered proceeding. It is a defense that the defendant believed each declaration was true when made.
(d) If, in the same continuous proceeding, the declarant admits the declaration was false, the admission prevents prosecution if, when admitted, the declaration had not substantially affected the proceeding, or it had not become clear that the falsity had been or would be exposed.
(e) Proof beyond a reasonable doubt is enough for conviction. No particular number or type of witnesses or evidence is required.
Whoever under oath (or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code) in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration, shall be fined under this title or imprisoned not more than five years or, if such proceedings are before or ancillary to the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review established by section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), imprisoned not more than ten years, or both.
This section is applicable whether the conduct occurred within or without the United States.
An indictment or information for violation of this section alleging that, in any proceedings before or ancillary to any court or grand jury of the United States, the defendant under oath has knowingly made two or more declarations, which are inconsistent to the degree that one of them is necessarily false, need not specify which declaration is false if—
each declaration was material to the point in question, and
each declaration was made within the period of the statute of limitations for the offense charged under this section.
In any prosecution under this section, the falsity of a declaration set forth in the indictment or information shall be established sufficient for conviction by proof that the defendant while under oath made irreconcilably contradictory declarations material to the point in question in any proceeding before or ancillary to any court or grand jury. It shall be a defense to an indictment or information made pursuant to the first sentence of this subsection that the defendant at the time he made each declaration believed the declaration was true.
Where, in the same continuous court or grand jury proceeding in which a declaration is made, the person making the declaration admits such declaration to be false, such admission shall bar prosecution under this section if, at the time the admission is made, the declaration has not substantially affected the proceeding, or it has not become manifest that such falsity has been or will be exposed.
Proof beyond a reasonable doubt under this section is sufficient for conviction. It shall not be necessary that such proof be made by any particular number of witnesses or by documentary or other type of evidence.
Source credit: (Added Pub. L. 91–452, title IV, § 401(a), Oct. 15, 1970, 84 Stat. 932; amended Pub. L. 94–550, § 6, Oct. 18, 1976, 90 Stat. 2535; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 118–49, § 13(d), Apr. 20, 2024, 138 Stat. 882.)
- 1970Enacted · Pub. L. 91-452 · 84 Stat. 932
- 1976Amended · Pub. L. 94-550 · 90 Stat. 2535
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2147
- 2024Amended · Pub. L. 118-49 · 138 Stat. 882
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-452 on 1970-10-15.
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