2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 10 - Offenses Against Public Administration
Article 4 - Perjury and Related Offenses
§ 16-10-71. False Swearing

1. A person to whom a lawful oath or affirmation has been administered or who executes a document knowing that it purports to be an acknowledgment of a lawful oath or affirmation commits the offense of false swearing when, in any matter or thing other than a judicial proceeding, he knowingly and willfully makes a false statement.
2. A person convicted of the offense of false swearing shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both.

(Laws 1833, Cobb's 1851 Digest, p. 804; Code 1863, §§ 4357, 4358; Code 1868, §§ 4395, 4396; Code 1873, §§ 4462, 4463; Code 1882, §§ 4462, 4463; Penal Code 1895, §§ 258, 259; Penal Code 1910, §§ 261, 262; Code 1933, §§ 26-4003, 26-4004; Code 1933, § 26-2402, enacted by Ga. L. 1968, p. 1249, § 1.)

- False swearing in connection with candidacy for election, § 21-2-565.

ANALYSIS

• General Consideration
• Oath or Affirmation

RESEARCH REFERENCES

Am. Jur. 2d.

- 60A Am. Jur. 2d, Perjury, § 2.

- 70 C.J.S., Perjury, §§ 1, 3, 10, 13 et seq., 27, 44 et seq.

- Assignment of perjury on affidavit for continuance, 1 A.L.R. 1138.

Fraud or perjury as to physical condition resulting from injury as ground for relief from or injunction against a judgment for personal injuries, 16 A.L.R. 397.

Perjury as predicated upon statements upon application for marriage license, 101 A.L.R. 1263.

Criminal offense of perjury as affected by fact that affidavit or statement under oath upon which charge of perjury was predicated was requirement not of statute, but of boards or officials in administration of statute, 108 A.L.R. 1240.

Corroboration by circumstantial evidence of testimony of single witness in prosecution for perjury, 111 A.L.R. 825.

Former jeopardy as regards successive prosecutions for perjury charged to have been committed in the same action or proceeding, 120 A.L.R. 1171.

Imputation of perjury or false swearing as actionable per se, 38 A.L.R.2d 161.

Perjury or false swearing as contempt, 89 A.L.R.2d 1258.

Civil liability of witness falsely attesting signature to document, 96 A.L.R.2d 1346.

Invalidity of statute or ordinance giving rise to proceeding in which false testimony was received as defense to prosecution for perjury, 34 A.L.R.3d 413.

Offense of perjury as affected by lack of jurisdiction by court or governmental body before which false testimony was given, 36 A.L.R.3d 1038.

Perjury conviction as affected by notary's nonobservance of formalities for administration of oath to affiant, 80 A.L.R.3d 278.

What amounts to habitual intemperance, drunkenness, excessive drug use, and the like within statute relating to substantive grounds for divorce, 101 ALR6th 455.