18 U.S.C. § 1621 – General Perjury
Section 1621 is the federal government’s baseline perjury statute for false statements made under oath.
What § 1621 covers.
This statute makes it a felony to willfully lie about a material fact while under oath in any setting where federal law authorizes an oath to be administered. It applies to testimony given in court, before tribunals, and in sworn written statements.
Two paths to liability.
Perjury under § 1621 can occur in either of these situations:
- Testifying, declaring, deposing, or certifying under oath and knowingly making a false statement about a material matter
- Submitting a written declaration or statement under penalty of perjury (including unsworn declarations permitted under 28 U.S.C. § 1746) that contains a material falsehood
The statute applies whether the false statement is made inside or outside the United States.
Materiality is critical.
Not every false statement qualifies. The government must prove the lie concerned a material matter—one capable of influencing the proceeding or decision at issue. Trivial inaccuracies or misunderstandings do not meet this threshold.
Mental state required.
The prosecution must show the statement was:
- Made willfully
- Known by the speaker to be false at the time
- Not the result of confusion, mistake, or faulty memory
Penalties.
A conviction under § 1621 carries:
- Up to 5 years in federal prison
- Fines under Title 18
How this statute is used.
Section 1621 often appears in grand jury proceedings, civil depositions tied to federal matters, bankruptcy cases, immigration filings, and sworn statements submitted during investigations. It is sometimes charged alongside obstruction or false statement offenses, but it stands on its own when oath-based testimony is involved.
If allegations involve sworn testimony, affidavits, or declarations under penalty of perjury, the analysis turns quickly on intent, materiality, and context. Call (314) 900-HELP or contact our federal criminal defense attorneys to discuss how perjury cases are evaluated and defended.
