2C:28-2. False swearing
a. False swearing. A person who makes a false
statement under oath or equivalent affirmation, or swears or affirms the
truth of such a statement previously made, when he does not believe the
statement to be true, is guilty of a crime of the fourth degree.
b. Perjury provisions applicable. Subsections c. and d. of section 2C:28-1 apply to the present section.
c. Inconsistent statements. Where the defendant made inconsistent
statements under oath or equivalent affirmation, both having been made
within the period of the statute of limitations, the prosecution may
proceed by setting forth the inconsistent statements in a single count
alleging in the alternative that one or the other was false and not
believed by the defendant. In such case it shall not be necessary for
the prosecution to prove which statement was false but only that one or
the other was false and not believed by the defendant to be true.
L.1978, c. 95, s. 2C:28-2, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 55, eff. Sept. 1, 1979.
