45-7-202. False swearing. (1) A person commits the offense of false swearing if the person knowingly makes a false statement under oath or equivalent affirmation or swears or affirms the truth of a statement previously made when the person does not believe the statement to be true and:

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Terms Used In Montana Code 45-7-202

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(a)the falsification occurs in an official proceeding;

(b)the falsification is purposely made to mislead a public servant in performing an official function; or

(c)the statement is one that is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths.

(2)Subsections (4) through (7) of 45-7-201 apply to this section.

(3)A person convicted of false swearing shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.