• 2012 - Perjury
  • K-15.23
    • Public Crimes

  • A person who, in an official proceeding, willfully makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a false statement previously made, when the statement is material, and the person does not believe the statement to be true, is guilty of perjury.

     

    ESSENTIAL ELEMENTS OF THE OFFENSE

     

    The state’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     

    1)  On or about [month] [day] [year] in [county], North Dakota;

     

    2)  The Defendant, ____________, in an official proceeding;

     

    3)  Willfully [made a false statement under oath or equivalent affirmation] [swore or affirmed the truth of a false statement previously made];

     

    4)  [The statement was material]; and

     

    5)  The Defendant did not believe the statement to be true.

     

    * * * * *

     

    NDCC 12.1-11-01(1)
    NDCC 12.1-01-04(22)
    NDCC 12.1-02-02

  • View PDF
  • Notes: N.D.C.C. 12.1-11-04(1) states “Whether a falsification is material in a given factual situation is a question of law.” But see, U.S. v. Gaudin, 515 U.S. 506 (1995), 115 S.Ct. 2310 (holding materiality is a question of fact).