2025 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 5. SPECIFIC OFFENSES
Subchapter VI. Offenses Against Public Administration
§ 1235. Perjury and related offenses; definitions.

(a) A statement is “material” when, regardless of its admissibility under the rules of evidence, it could have affected the course or outcome of the proceeding.

(b) “Oath” includes an affirmation and every other mode authorized by law of attesting the truth of that which is stated.

(c) An affidavit, deposition or other written instrument is one for which an “oath is required by law” when, absent an oath, it does not or would not, according to statute or appropriate regulatory provisions, have legal efficacy in a court of law or before any public or governmental body, agency or public servant to whom it is or might be submitted.

(d) “Public servant” has the meaning given in § 1209(4) of this title.

(e) “Swear” means to state under oath.

(f) “Testimony” means an oral statement made under oath in a proceeding before any court, body, agency, public servant or other person authorized to conduct the proceeding and to administer the oath or cause it to be administered.