What is False Swearing? A Comprehensive Legal Overview

Definition & Meaning

False swearing is the act of knowingly making a false statement while under oath. This can occur in various contexts, such as in affidavits or sworn statements given to an authorized official. Unlike perjury, which specifically involves false statements made in judicial proceedings, false swearing does not require a court setting. It can happen in situations where an oath is voluntarily given, and the false statement does not necessarily need to be material to any legal matter.

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Legal Use & context

False swearing is relevant in both civil and criminal law. It can arise in contexts such as:

Affidavits submitted in legal proceedings
Sworn statements made during investigations
Declarations made to government agencies

Users can manage some aspects of false swearing cases through legal templates provided by US Legal Forms, which can assist in drafting affidavits or other sworn statements correctly.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A person submits an affidavit to a local government office claiming to be a resident of a specific address, knowing that they do not live there. This constitutes false swearing.

Example 2: During a police investigation, an individual provides a sworn statement about their whereabouts, intentionally lying about their actions. This is also considered false swearing.

State-by-state differences

Examples of state differences (not exhaustive):

State	False Swearing Definition
California	False swearing is defined under California Penal Code Section 118.
New York	False swearing falls under New York Penal Law Section 210.45.
Texas	Defined in Texas Penal Code Section 37.02.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Difference
False Swearing	Making a false statement under oath outside of a judicial proceeding.	Does not require a court setting.
Perjury	Making a false statement under oath in a judicial proceeding.	Must occur in a court or legal setting and requires the statement to be material.

Common misunderstandings

What to do if this term applies to you

If you believe you may be involved in a situation involving false swearing, consider the following steps:

Review the statement you made to ensure its accuracy.
If necessary, consult a legal professional for advice specific to your situation.
Explore US Legal Forms for templates to help you draft accurate affidavits or sworn statements.

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Quick facts

False swearing can lead to legal penalties, including fines or imprisonment.
It is applicable in both civil and criminal contexts.
False statements made under oath can be prosecuted even if they do not influence a legal matter.