Legal Definitions - declaration under penalty of perjury

A declaration under penalty of perjury is a formal statement, typically in writing, where an individual asserts that the information they are providing is true and accurate. By making this declaration, the person legally acknowledges that if any part of their statement is intentionally false, they can be charged with the serious crime of perjury. This type of declaration carries the same legal weight and consequences as if the statement were made under a traditional oath before a notary public or a court official.

Perjury is a criminal offense that occurs when someone knowingly makes a false statement about a material (meaning important or relevant) fact while under oath or an equivalent legal affirmation. The purpose of a declaration under penalty of perjury is to allow individuals to submit crucial information to courts, government agencies, or other legal contexts without the need for an in-person swearing ceremony, thereby making legal processes more efficient while still ensuring the reliability and truthfulness of the information. The typical phrasing used often includes words like, "I declare under penalty of perjury that the foregoing is true and correct."

Here are some examples of how a declaration under penalty of perjury is used:

• Witness Statement in a Lawsuit: Imagine a person witnessed a minor car accident and is asked to provide a written account of what they observed for a civil lawsuit between the drivers. Instead of having to appear in court immediately or find a notary to swear an affidavit, they can write down their observations, sign the document, and include the phrase, "I declare under penalty of perjury that the foregoing is true and correct." If it is later proven that they intentionally lied about key details, such as which car ran a red light, they could face criminal charges for perjury.

• Application for Government Benefits: A recent college graduate is applying for unemployment benefits and must submit a form detailing their employment history and current job-seeking efforts. At the end of the application, the graduate signs a declaration under penalty of perjury. This means they are legally affirming that all the information they provided about their work history and job search is accurate. If it's later discovered they deliberately misrepresented their past employment or current efforts to qualify for benefits they were not entitled to, they could be prosecuted for perjury, in addition to having to repay the benefits.

• Business Filing with a Regulatory Agency: The owner of a small manufacturing business needs to submit an annual report to a state environmental protection agency, certifying that their operations have complied with specific waste disposal regulations. The report includes a section where the owner signs a declaration under penalty of perjury. This legally binds the owner to the truthfulness of the compliance claims. If an investigation later reveals that the business knowingly violated environmental standards and the owner lied in the report, they could face criminal charges for perjury, alongside other significant penalties for the environmental violations.