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.
Certified by the Supreme Court of New Jersey
as a Criminal Trial Attorney
