§ 12.1-11-01 — Perjury

North Dakota § 12.1-11-01

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-11: Perjury - Falsification - Breach of Duty

Text

1. A person is guilty of perjury, a class C felony, if, in an official proceeding, the person
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.
2. Commission of perjury need not be proved by any particular number of witnesses or
by documentary or other types of evidence.
3. If in the course of one or more official proceedings, the defendant made a statement
under oath or equivalent affirmation inconsistent with another statement made by the
defendant under oath or equivalent affirmation to the degree that one of them is
necessarily false, both having been made within the period of the statute of limitations,
the prosecution may set forth the statements in a single count alleging in the
alternative that one or the other was false and not believed by the defendant to be
true. Proof that the defendant made such statements constitutes a prima facie case
that one or the other of the statements was false, but in the absence of sufficient proof
of which statement was false, the defendant may be convicted under this section only
if each of such statements was material to the official proceeding in which it was made.
4. For purposes of this section, "false statement under oath or equivalent affirmation"
includes a writing made in accordance with chapters 31-14 and 31-15.