Also known as: false swearing · false oath · perjury
Written by attorneys · grounded in primary & secondary sources — see below
A petty misdemeanor consisting of making a false statement under oath or equivalent affirmation when the statement is required by law to be sworn before a notary or other person authorized to administer oaths.
Otto Osman signed an affidavit before a notary falsely claiming ownership of land to secure a bank loan. The notary administered the oath as required by state lending regulations. Otto faces a petty misdemeanor charge for other false swearing because the statement occurred outside any judicial proceeding.
Orla O'Malley executed a sworn declaration before a notary denying any ties to a group whose rules encourage false statements. The declaration was required for a licensing application. Prosecutors charge other false swearing because the oath was administered by a notary rather than during a trial or deposition.
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Oriana Oberman signed a false genetic testing report under oath before a notary to establish parentage in a custody filing. The report was required by statute to be notarized. She is prosecuted for other false swearing as the falsity occurred before a notary and not in an official proceeding.
Olivia Owens swore before a notary that she had paid a debt that legally could never have existed under the facts she believed. The notarized statement was required for a contract filing. The charge is other false swearing because the oath took place before a notary and the underlying impossibility prevents escalation to attempt liability.
Orion Orlov signed a false notarized statement about asset values required for a probate filing. His lawyer refused to present the document and disclosed the falsity after failed counseling. Orion is charged with other false swearing because the oath occurred before a notary outside any court proceeding.
Odette Orozco submitted a false sworn statement before a notary regarding corporate ownership details required for a state filing. The statement had the potential to affect regulatory decisions. She faces other false swearing charges because the oath was administered by a notary rather than in a judicial setting.
Other false swearing is a petty misdemeanor that applies when a false statement under oath occurs before a notary or authorized oath administrator outside an official proceeding. Perjury requires the statement to occur in an official proceeding and carries felony penalties.
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Materiality is not required for other false swearing. The offense is complete upon making a false statement under oath before a notary when the oath is legally required, regardless of whether the statement could influence any proceeding.
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Other false swearing applies only when the statement is required by law to be sworn before a notary. A purely private contract oath that is not legally mandated does not trigger the offense.
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The defendant must make the statement when he does not believe it to be true. This mirrors the knowledge requirement in the perjury provision but results in a lesser grade of offense.
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…and most noble aspirations: our unwillingness to subject those suspected of crime to the cruel trilemma of self-accusation, perjury or contempt; our preference for an accusatorial rather than an inquisitorial system of criminal justice; our fear that self-incriminating statements will be elicited by inhumane treatment…