California Codes

Cal. Penal Code § 122 (2026)

✓ current as of May 2026

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It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition, or certificate of which falsehood is alleged. It is sufficient that he did give such testimony or make such deposition or certificate.

Notes of Decisions

Cited in 3 cases, 1964–2020 · leading case: Milton Rosales Rivera v. Loretta E. Lynch, 816 F.3d 1064 (9th Cir. 2016).

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Milton Rosales Rivera v. Loretta E. Lynch, 816 F.3d 1064 (9th Cir. 2016). · cites it 2× “Cal.Penal Code § 122. A statement is “material” jf “the statement or testimony ‘might have been used to affect the [proceeding in or for which it was made],’ ” or if “the statement could probably have influenced the outcome of the proceedings.”

Ho Yim v. William Barr, 972 F.3d 1069 (9th Cir. 2020). · cites it 3× “” Cal. Penal Code § 122 . YIM V. BARR 31 Penal Code § 118(b).”

People v. Davidson, 227 Cal. App. 2d 331 (Cal. Ct. App. 1964). “The fact that it was hearsay and not admissible does not deprive it of materiality for the purposes of a perjury proceeding (Pen. Code, §§ 122, 123). 2 Materiality is a question for the determination of the court presiding in the perjury action and not the court in which the…”

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