Legal Definitions - false swearing

False swearing refers to the act of making a false statement under oath or affirmation. While closely related to perjury, false swearing often applies to situations outside of formal judicial proceedings, or where the false statement, though made under oath, may not be considered "material" to the outcome of a court case in the same way perjury requires. It essentially means knowingly lying after having taken an oath to tell the truth, in contexts such as affidavits, sworn applications, or other official documents.

• Example 1: Affidavit for a Professional License

  A person applying for a state-issued professional license is required to submit a sworn affidavit stating they have never been convicted of a felony. Knowing they have a felony conviction from five years ago, the applicant intentionally checks the box indicating "no" and signs the affidavit under oath. This act constitutes false swearing because they made a false statement of fact while under oath on an official document, even though it's not part of a court trial.

• Example 2: Sworn Statement for an Insurance Claim

  After a car accident, an individual files an insurance claim and is asked to provide a sworn statement detailing the events. In their statement, they falsely claim they were driving within the speed limit, knowing they were actually exceeding it significantly. This is an instance of false swearing because they deliberately provided untrue information under oath to an insurance company, which is not a judicial proceeding.

• Example 3: Financial Disclosure for a Government Grant

  An entrepreneur applies for a small business grant from a government agency. The application requires a sworn financial disclosure form, where the applicant must list all current debts. To improve their chances of approval, the entrepreneur intentionally omits a substantial personal loan from a relative. By signing the form under oath, attesting to the truthfulness and completeness of the information, they commit false swearing by knowingly making a false and incomplete statement.