North Dakota § 12.1-11-04 General provisions

North Dakota Statutes

§ 12.1-11-04 — General provisions

North Dakota·Title 12.1 Criminal Code·Ch. 12.1-11 Perjury - Falsification - Breach of Duty

1.Falsification is material under sections 12.1-11-01, 12.1-11-02, and 12.1-11-03 regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the official proceeding or the disposition of the matter in which the statement is made. Whether a falsification is material in a given factual situation is a question of law. It is no defense that the declarant mistakenly believed the falsification to be immaterial.

2.It is no defense to a prosecution under sections 12.1-11-01 or 12.1-11-02 that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement. A document purporting to be made upon oath or affirmation at a time when the actor represents it as being

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1. Falsification is material under sections 12.1-11-01, 12.1-11-02, and 12.1-11-03
regardless of the admissibility of the statement under rules of evidence, if it could have
affected the course or outcome of the official proceeding or the disposition of the
matter in which the statement is made. Whether a falsification is material in a given
factual situation is a question of law. It is no defense that the declarant mistakenly
believed the falsification to be immaterial.
2. It is no defense to a prosecution under sections 12.1-11-01 or 12.1-11-02 that the oath
or affirmation was administered or taken in an irregular manner or that the declarant
was not competent to make the statement. A document purporting to be made upon
oath or affirmation at a time when the actor represents it as being so verified shall be
deemed to have been duly sworn or affirmed.
3. It is a defense to a prosecution under sections 12.1-11-01, 12.1-11-02, or 12.1-11-03
that the actor retracted the falsification in the course of the official proceeding or matter
in which it was made, if in fact he did so before it became manifest that the falsification
was or would be exposed and before the falsification substantially affected the
proceeding or the matter.
4. In sections 12.1-11-01 and 12.1-11-02, "statement" means any representation but
includes a representation of opinion, belief, or other state of mind only if the
representation clearly relates to state of mind apart from or in addition to any facts
which are the subject of the representation.