California Codes

Cal. Penal Code § 118 (2026)

✓ current as of May 2026
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(a)Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury.

This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California.

(b)No person shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence.

Notes of Decisions
Cited in 229 cases (42 in the last 5 years), 1935–2026 · leading case: Milton Rosales Rivera v. Loretta E. Lynch, 816 F.3d 1064 (9th Cir. 2016).
Milton Rosales Rivera v. Loretta E. Lynch, 816 F.3d 1064 (9th Cir. 2016). · cites it 9× “California Penal Code section 118 is one.”
People v. Hedgecock, 795 P.2d 1260 (Cal. 1990). · cites it 10× “Code, § 182), fourteen counts of perjury (Pen. Code, § 118) and one count of conflict of interest (Gov.”
Ho Yim v. William Barr, 972 F.3d 1069 (9th Cir. 2020). · cites it 10× “3d at 1081 , here, section 118(a) of the California Penal Code, Cal. Penal Code § 118 (a). In doing so, we will “not defer to the BIA’s interpretation of state law,” Renteria-Morales, 551 F.”
Action Apt. Ass'n v. City of Santa Monica, 163 P.3d 89 (Cal. 2007). · cites it 2× “*1246 We have observed that the litigation privilege does not apply to the following crimes: perjury (Pen. Code, § 118 et seq.); subornation of perjury (id.”
People v. Jenkins, 620 P.2d 587 (Cal. 1980). · cites it 4× “This appeal presents the question whether an individual who fraudulently obtains aid to families with dependent children (AFDC) in violation of Welfare and Institutions Code section 11483 may also be prosecuted for perjury (Pen. Code, § 118). I. On April 10, 1975, respondent…”
Edmund Y. Chein v. Richard Shumsky, Chief Prob. Officer, La Cnty. California State Attorney Gen., 373 F.3d 978 (9th Cir. 2004). · cites it 3× “The California perjury statute, Cal. Penal Code § 118 , provides, in pertinent part: (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath…”
Hagberg v. California Fed. Bank FSB, 81 P.3d 244 (Cal. 2004). · cites it 2× “, Pen.Code, §§ 118 [perjury], 148.5 [false report of criminal offense].”
Tameny v. Atl. Richfield Co., 610 P.2d 1330 (Cal. 1980). · cites it 2× “(Pen. Code, § 118).... It would be obnoxious to the interests of the state and contrary to public policy and sound morality to allow an employer to discharge any employee, whether the employment be for a designated or unspecified duration, on the ground that the employee…”
Aguilar v. Avis Rent a Car Sys., Inc., 980 P.2d 846 (Cal. 1999). · cites it 2× “Code, § 653f), perjury (Pen.Code, § 118), or making a terrorist threat (Pen.”
Gantt v. Sentry Ins., 824 P.2d 680 (Cal. 1992). · cites it 2× “on the ground that the employee declined to commit perjury, an act specifically enjoined by statute.”
Burrill v. Nair CA3, 217 Cal. App. 4th 357 (Cal. Ct. App. 2013). · cites it 2× “Code, § 518), perjury (Pen. Code, § 118), accepting money to influence her testimony regarding child custody *385 matters (Pen.”
Kulshrestha v. First Union Com. Corp., 93 P.3d 386 (Cal. 2004). · cites it 2× “) At that time, Penal Code section 118 defined perjury to include certain false statements “declare[d]” true “under penalty of perjury.”
— Cal. Penal Code § 118(a) — 4 cases
Milton Rosales Rivera v. Loretta E. Lynch, 816 F.3d 1064 (9th Cir. 2016). “California Penal Code section 118 is one.”
Graham-Sult v. Clainos, 756 F.3d 724 (9th Cir. 2013).
Alexander Graham-Sult v. Nicholas Clainos, 738 F.3d 1131 (9th Cir. 2013).
— Cal. Penal Code § 118(b) — 1 case
Ho Yim v. William Barr, 972 F.3d 1069 (9th Cir. 2020). “3d at 1081 , here, section 118(a) of the California Penal Code, Cal. Penal Code § 118 (a). In doing so, we will “not defer to the BIA’s interpretation of state law,” Renteria-Morales, 551 F.”
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