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Home > Statutes > Usa-Arizona

USA Statutes : arizona
Title : Criminal Code
Chapter : PERJURY AND RELATED OFFENSES

13-2701 Definitions
In this chapter, unless the context otherwise requires:
1. "Material" means that which could have affected the course or outcome of any
proceeding or transaction. Whether a statement is material in any given factual
situation is a question of law.
2. "Statement" means any representation of fact and includes a representation of
opinion, belief or other state of mind where the representation clearly relates to state
of mind apart from or in addition to any facts which are the subject of the
representation.
3. "Sworn statement" means any statement knowingly given under oath or affirmation
attesting to the truth of what is stated, including a notarized statement whether or not
given in connection with an official proceeding.

13-2702 Perjury; classification
A. A person commits perjury by making either:
1. A false sworn statement in regard to a material issue, believing it to be false.
2. A false unsworn declaration, certificate, verification or statement in regard to
a material issue that the person subscribes as true under penalty of perjury, believing
it to be false.
B. Perjury is a class 4 felony.

13-2703 False swearing; classification
A. A person commits false swearing by making a false sworn statement, believing it
to be false.
B. False swearing is a class 6 felony.

13-2704 Unsworn falsification; classification
A. A person commits unsworn falsification by knowingly:
1. Making any statement which he believes to be false, in regard to a material
issue, to a public servant in connection with an application for any benefit, privilege
or license.
2. Making any statement which he believes to be false in regard to a material issue
to a public servant in connection with any official proceeding as defined in section
13-2801.
B. Unsworn falsification pursuant to paragraph 1, subsection A, is a class 2
misdemeanor. Unsworn falsification pursuant to subsection A, paragraph 2 is a class 6
felony.

13-2705 Perjury by inconsistent statements
When a person has made inconsistent 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 charge 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 was false and not believed by the defendant to be true.

13-2706 Limitation on defenses
A. It is no defense to a prosecution under this chapter that:
1. The statement was inadmissible under the rules of evidence; or
2. The oath or affirmation was taken or administered in an irregular manner; or
3. The defendant mistakenly believed the false statement to be immaterial.
B. The provisions of law which declare that evidence obtained upon examination of a
person as a witness cannot be received against him in a criminal proceeding do not forbid
giving such evidence against the person upon any proceedings founded upon a charge of
perjury committed in such examination.

13-2707 Proof of guilt
Proof of guilt beyond a reasonable doubt is sufficient for perjury or false swearing
and it shall not be necessary that proof be made by a particular number of witnesses or
by documentary or other type of evidence.

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