§ 11-33-1. Perjury.
(a) Every person under oath or affirmation who knowingly makes any false material declaration
or makes or uses any other information, including any book, paper, document, record,
recording, or other material, knowing it contains any false material declaration,
shall be deemed guilty of perjury.
(b) An indictment or information for violation of this section alleging that on oath or
affirmation the defendant has knowingly made two (2) or more declarations which are
inconsistent to the degree that one of them is necessarily false need not specify
which declaration is false if:
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§ 11-33-1. Perjury.
(a) Every person under oath or affirmation who knowingly makes any false material declaration
or makes or uses any other information, including any book, paper, document, record,
recording, or other material, knowing it contains any false material declaration,
shall be deemed guilty of perjury.
(b) An indictment or information for violation of this section alleging that on oath or
affirmation the defendant has knowingly made two (2) or more declarations which are
inconsistent to the degree that one of them is necessarily false need not specify
which declaration is false if:
(1) Each declaration was material to the point in question; and
(2) Each declaration was made within the period of the statute of limitations established
in § 12-12-17.
(c) 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 on oath or affirmation made irreconcilably contradictory declarations
material to the point in question. It shall be a defense to an indictment or information
made pursuant to this subsection that the defendant, at the time he or she made each
declaration, believed the declaration was true.
(d) Where in the same continuous court or grand jury proceeding in which a declaration
is made, the person making the declaration admits the declaration to be false, that
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 the falsity has been or will be exposed.
(e) Proof beyond a reasonable doubt under this section is sufficient for conviction. It
shall not be necessary that proof be made by any particular number of witnesses or
by documentary or other type of evidence.