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2021 Colorado Code
Title 24 - Government - State
Article 12 - Oaths and Affirmations
§ 24-12-106. False Swearing or Affirming, Perjury

Universal Citation:
CO Rev Stat § 24-12-106 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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All oaths and affirmations, affidavits, and depositions administered or taken shall subject any person who swears or affirms falsely and willfully, in the matter material to any issue or point in question, to the penalties inflicted by law on persons guilty of perjury in the first degree.

Source: R.S. p. 483, § 5. G.L. § 1929. G.S. § 2475. R.S. 08: § 4673. C.L. § 7961. CSA: C. 115, § 5. CRS 53: § 98-1-6 . C.R.S. 1963: § 98-1-6 . L. 72: p. 563, § 34.

Cross references: For perjury in the first degree, see § 18-8-502.

ANNOTATION

Three elements are necessary to complete the crime of perjury: (1) Signing a false statement; (2) wilfully and corruptly taking the oath or affirming the same; and (3) making an oath before authorized officer in a manner prescribed by statute. Rogers v. People, 161Colo. 317, 422 P.2d 377 (1966).

Surety making false affidavit on financial condition guilty of perjury. Where one offers himself as surety in bail bond and makes, before notary public, false affidavit as to his financial condition, he is guilty of perjury. People v. Pollock, 65Colo. 275, 176 P. 329 (1918).

In prosecutions for perjury, the uncorroborated oath of one witness is not enough to establish the falsity of the testimony of the accused. Rather, the offense must be proved by the testimony of two witnesses, or the testimony of one witness and by other independent and corroborating circumstances which are deemed of equal weight of the testimony of another witness. Moreover, the corroboration of a single witness for the prosecution must contradict in definite and positive terms the statement of the accused. Lindsay v. People, 119Colo. 438, 204 P.2d 878 (1949).

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