Part 5. Perjury and Related Offenses

§ 18-8-501. Definitions

The definitions in sections 18-8-101 and 18-8-301 are applicable to this part 5, and, in addition to those definitions:
(1) “Materially false statement” means any false statement, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of an official proceeding, or the action or decision of a public servant, or the performance of a governmental function.
(2)
(a) “Oath” includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. For the purposes of this section, written statements shall also be treated as if made under oath if:
(I) The statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable; or
(II) The statement recites that it was made under oath, the declarant was aware of such recitation at the time he made the statement and intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto; or
(III) The statement is made, used, or offered with the intent that it be accepted as compliance with a statute, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement; or
(IV) The statement meets the requirements for an unsworn declaration under the “Uniform Unsworn Declarations Act”, article 27 of title 13.
(b) An oath is “required or authorized by law” when the use of the oath is specifically provided for by statute, court rule, or appropriate regulatory provision.
(3) “Official proceeding” means a proceeding heard before any legislative, judicial, administrative, or other government agency, or official authorized to hear evidence under oath, including any magistrate, hearing examiner, commissioner, notary, or other person taking testimony or depositions in any such proceedings.

§ 18-8-502. Perjury in the first degree

(1) A person commits perjury in the first degree if in any official proceeding he knowingly makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.
(2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant’s mistaken belief that his statement was not material is not a defense, although it may be considered by the court in imposing sentence.
(3) Perjury in the first degree is a class 4 felony.

§ 18-8-503. Perjury in the second degree

(1) A person commits perjury in the second degree if, other than in an official proceeding, with an intent to mislead a public servant in the performance of his duty, he makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.
(2) [This version of subsection (2) is effective until March 1, 2022.] Perjury in the second degree is a class 1 misdemeanor.
(2) [This version of subsection (2) is effective March 1, 2022.] Perjury in the second degree is a class 2 misdemeanor.

§ 18-8-503.5. Perjury on a motor vehicle registration application. (Repealed)

Source: L. 90:Entire section added, p. 1801, § 5, effective July 1. L. 94:Entire section repealed, p. 2541, § 5, effective January 1, 1995.

§ 18-8-504. False swearing

(1) A person commits false swearing if he knowingly makes a materially false statement, other than those prohibited by sections 18-8-502 and 18-8-503, which he does not believe to be true, under an oath required or authorized by law.
(2) [This version of subsection (2) is effective until March 1, 2022.] False swearing is a class 1 petty offense.
(2) [This version of subsection (2) is effective March 1, 2022.] False swearing is a petty offense.

§ 18-8-505. Perjury or false swearing - inconsistent statements

(1) Where a person charged with perjury or false swearing has made inconsistent material statements under oath, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other statement was false and not believed by the defendant to be true.
(2) The highest offense of which a person may be convicted in such an instance shall be determined by hypothetically assuming each statement to be false. If the assumption establishes perjury of different degrees, the person may be convicted of the lesser degree at most. If perjury or false swearing is established by the making of the two statements, the person may be convicted of false swearing at the most.

§ 18-8-506. Perjury and false swearing - proof

In any prosecution for perjury or false swearing, except a prosecution based upon inconsistent statements pursuant to section 18-8-505, falsity of a statement may not be established solely through contradiction by the uncorroborated testimony of a single witness.

§ 18-8-507. Perjury and false swearing - previous criminal action

No prosecution may be brought under section 18-8-502, 18-8-503, or 18-8-504 if the substance of the defendant’s false statement is the entry of a plea of not guilty in a previous criminal action in which he or she was accused of an offense.

§ 18-8-508. Perjury - retraction

No person shall be convicted of perjury in the first degree if he retracted his false statement in the course of the same proceeding in which it was made. Statements made in separate hearings at separate stages of the same trial or administrative proceeding shall be deemed to have been made in the course of the same proceeding. Retraction is an affirmative defense.

§ 18-8-509. Perjury and false swearing - irregularities no defense

(1) It is no defense to a prosecution under sections 18-8-502 to 18-8-504 that:
(a) The defendant was not competent, for reasons other than mental disability or immaturity, to make the false statement alleged;
(b) The statement was inadmissible under the law of evidence;
(c) The oath was administered or taken in an irregular manner; or
(d) The person administering the oath lacked authority to do so, if the taking of the oath was required by law.