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CHAPTER 12.1-11 PERJURY - FALSIFICATION - …

CHAPTER 12.1-11 PERJURY - FALSIFICATION - BREACH OF DUTY 12.1-11-01. Perjury. 1. A person is guilty of perjury, a class C felony, if, …

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Text of CHAPTER 12.1-11 PERJURY - FALSIFICATION - …

CHAPTER - FALSIFICATION - BREACH OF person is guilty of perjury, a class C felony, if, in an official proceeding, the person makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a false statement previously made, when the statement is material and the person does not believe the statement to be of perjury need not be proved by any particular number of witnesses or by documentary or other types of in the course of one or more official proceedings, the defendant made a statement under oath or equivalent affirmation inconsistent with another statement made by the defendant under oath or equivalent affirmation to the degree that one of them is necessarily false, both having been made within the period of the statute of limitations, the prosecution may set forth the statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant to be true. Proof that the defendant made such statements constitutes a prima facie case that one or the other of the statements was false, but in the absence of sufficient proof of which statement was false, the defendant may be convicted under this section only if each of such statements was material to the official proceeding in which it was purposes of this section, "false statement under oath or equivalent affirmation" includes a writing made in accordance with chapter False person is guilty of a class A misdemeanor if, in an official proceeding, he makes a false statement, whether or not material, under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, if he does not believe the statement to be person is guilty of a class A misdemeanor if, in a governmental matter, a false written statement, when the statement is material and he does not believe it to be true; creates a false impression in a written application for a pecuniary or other benefit, by omitting information necessary to prevent a material statement therein from being misleading; or invites reliance on any material writing which he knows to be forged, altered, or otherwise lacking in authenticity; or invites reliance on any sample, specimen, map, boundarymark, or other object which he knows to be false in a material respect; a trick, scheme, or device which he knows to be misleading in a material section does not apply to information given during the course of an investigation into possible commission of an offense unless the information is given in an official proceeding or the declarant is otherwise under a legal duty to give the information. Inapplicability under this subsection is a matter is a "governmental matter" if it is within the jurisdiction of a government office or agency, or of an office, agency, or other establishment in the legislative or the judicial branch of False information or report to law enforcement officers or security person is guilty of a class A misdemeanor if that false information or a false report to a law enforcement officer which that person knows to be false, and the information or report may interfere with an investigation or may materially mislead a law enforcement officer; orPage No. reports to a law enforcement officer or other security official the occurrence of a crime of violence or other incident calling for an emergency response when that person knows that the incident did not occur. "Security official" means a public servant responsible for averting or dealing with emergencies involving public General is material under sections , , and regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the official proceeding or the disposition of the matter in which the statement is made. Whether a falsification is material in a given factual situation is a question of law. It is no defense that the declarant mistakenly believed the falsification to be is no defense to a prosecution under sections or that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement. A document purporting to be made upon oath or affirmation at a time when the actor represents it as being so verified shall be deemed to have been duly sworn or is a defense to a prosecution under sections , , or that the actor retracted the falsification in the course of the official proceeding or matter in which it was made, if in fact he did so before it became manifest that the falsification was or would be exposed and before the falsification substantially affected the proceeding or the sections and , "statement" means any representation but includes a representation of opinion, belief, or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the Tampering with public person is guilty of an offense if makes a false entry in or false alteration of a government record; , without lawful authority, destroys, conceals, removes, or otherwise impairs the verity or availability of a government offense class C felony if committed by a public servant who has custody of the government class A misdemeanor if committed by any other this section "government record" record, document, or thing belonging to, or received or kept by the government for information or other record, document, or thing required to be kept by law, pursuant, in fact, to a statute which expressly invokes the sanctions of this Public servant refusing to perform public servant who knowingly refuses to perform any duty imposed upon him by law is guilty of a class A Fraudulent practice in urine person is guilty of a class A misdemeanor if that person willfully defrauds a urine test and the test is designed to detect the presence of a chemical substance or a controlled substance. A person is guilty of a class A misdemeanor if that person knowingly possesses, distributes, or assists in the use of a device, chemical, or real or artificial urine advertised or intended to be used to alter the outcome of a urine No. 2

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