New Hampshire Revised Statutes 641:2 – False Swearing
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A person is guilty of a misdemeanor if:
I. He makes a false statement under oath or affirmation or swears or affirms the truth of such a statement previously made and he does not believe the statement to be true if:
(a) The falsification occurs in an official proceeding, as defined in N.H. Rev. Stat. § 641:1, II, or is made with a purpose to mislead a public servant in performing his official function; or
(b) The statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths; or
II. He makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by him to be true. In a prosecution under this section, it need not be alleged or proved which of the statements is false but only that one or the other was false and not believed by the defendant to be true.
III. No person shall be guilty under this section if he retracts the falsification before it becomes manifest that the falsification was or would be exposed.
I. He makes a false statement under oath or affirmation or swears or affirms the truth of such a statement previously made and he does not believe the statement to be true if:
Terms Used In New Hampshire Revised Statutes 641:2
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Oath: A promise to tell the truth.
- oath: shall include "affirmation" in all cases where by law an affirmation may be substituted for an oath; and, in like cases, the word "sworn" shall include the word "affirmed. See New Hampshire Revised Statutes 21:24
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
(a) The falsification occurs in an official proceeding, as defined in N.H. Rev. Stat. § 641:1, II, or is made with a purpose to mislead a public servant in performing his official function; or
(b) The statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths; or
II. He makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by him to be true. In a prosecution under this section, it need not be alleged or proved which of the statements is false but only that one or the other was false and not believed by the defendant to be true.
III. No person shall be guilty under this section if he retracts the falsification before it becomes manifest that the falsification was or would be exposed.