A person is guilty of perjury in the second degree when the person swears falsely and when the false statement is:

(1) Made in a written instrument for which an oath is required by law; and

(2) Made with intent to mislead a public servant in the performance of official functions; and

(3) Material to the action, proceeding or matter involved.

Attorney's Note

Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class F felonyup to 3 years
For details, see Del. Code Ann.tit. 11, § 4205

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Perjury in the second degree is a class F felony.

11 Del. C. 1953, § ?1222; 58 Del. Laws, c. 497, § ?1; 67 Del. Laws, c. 130, § ?8; 70 Del. Laws, c. 186, § ?1;