The definitions in sections 18-8-101 and 18-8-301 are applicable to this part 5, and, in addition to those definitions:
(1) "Materially false statement" means any false statement, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of an official proceeding, or the action or decision of a public servant, or the performance of a governmental function.
(2) (a) "Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. For the purposes of this section, written statements shall also be treated as if made under oath if:
(I) The statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable; or
(II) The statement recites that it was made under oath, the declarant was aware of such recitation at the time he made the statement and intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto; or
(III) The statement is made, used, or offered with the intent that it be accepted as compliance with a statute, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement; or
(IV) The statement meets the requirements for an unsworn declaration under the "Uniform Unsworn Declarations Act", article 27 of title 13.
(b) An oath is "required or authorized by law" when the use of the oath is specifically provided for by statute, court rule, or appropriate regulatory provision.
(3) "Official proceeding" means a proceeding heard before any legislative, judicial, administrative, or other government agency, or official authorized to hear evidence under oath, including any magistrate, hearing examiner, commissioner, notary, or other person taking testimony or depositions in any such proceedings.
Source: L. 71: R&RE, p. 462, § 1. C.R.S. 1963: § 40-8-501. L. 91: (3) amended, p. 360, § 23, effective April 9. L. 96: (1) amended, p. 738, § 11, effective July 1. L. 2009: (2) amended, (HB 09-1190), ch. 115, p. 485, § 2, effective August 5. L. 2017: (2)(a)(IV) amended, (SB 17- 154), ch. 130, p. 442, § 5, effective August 9. L. 2018: (2)(a)(IV) amended, (SB 18-032), ch. 8, p. 156, § 10, effective October 1.
Notes of Decisions
Cited in
24
cases (
2 in the last 5 years), 1975–2022 · leading case:
People v. Yascavage, 101 P.3d 1090 (Colo. 2004).
People v. Yascavage, 101 P.3d 1090 (Colo. 2004).
· cites it 8× “Section 18-8-501, C.R.S. (2004) defines official proceeding as "a proceeding heard before any legislative, judicial, administrative, or other government agency, or official authorized to hear evidence under oath, including any magistrate, hearing examiner, commissioner, notary,…”
People v. Smith, 597 P.2d 204 (Colo. 1979).
· cites it 18× “I Smith challenges the constitutionality of section 18-8-501(1), C.R.S.1973 (now in 1978 Repl.”
People v. Schupper, 140 P.3d 293 (Colo. Ct. App. 2006).
· cites it 15× “A written statement shall be treated as if made under oath if the statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.”
People v. Zadra, 396 P.3d 34 (Colo. Ct. App. 2013).
· cites it 2× “Defendant testified at the Stromayer hearing that she had not knowingly listened to Mr.”
Comm. for Better Health Care for All Colorado Citizens v. Meyer, 830 P.2d 884 (Colo. 1992).
· cites it 4× “See §§ 18-8-501 and -503, 8B C.R.S. (1986). For purposes of perjury, the definition of a written statement made under oath includes a statement made with the intent that it be accepted in compliance with a law which requires a statement attesting to the truth of the statement.”
People v. Riley, 2015 COA 152 (Colo. Ct. App. 2015).
· cites it 9× “2015, provides that the definitions contained in section 18-8-501 are applicable to section 18-8-610.”
People v. Chaussee, 847 P.2d 156 (Colo. Ct. App. 1993).
· cites it 7× “Written statements may also be made under “oath” pursuant to § 18-8-501, C.R.S. (1986 Repl.Vol. 8B). The difference between the two degrees of perjury depends, instead, upon whether the false statement made under oath occurs in an “official proceeding.”
People v. Schultheis, 638 P.2d 8 (Colo. 1981).
· cites it 2× “See section 18-8-501, et seq., C.R.S.1973 (now in 1978 Repl.”
People v. Drake, 841 P.2d 364 (Colo. Ct. App. 1992).
· cites it 3× “” Section 18-8-501(1), C.R.S. (1986 Repl. Vol.”
People v. Maestas, 606 P.2d 849 (Colo. 1980).
· cites it 6× “” Section 18-8-501(1), C.R.S. 1973. 1 The court of appeals concluded that the People had failed to demonstrate how Maestas’ testimony could have affected the outcome of the grand jury proceedings, particularly in light of the fact that Apodaca was in fact indicted by the grand…”
People v. Cardenas, 338 P.3d 430 (Colo. Ct. App. 2014).
· cites it 3× “Because there is no indication that the language in section 18-8-501 should be interpreted differently than the same language in section 18-8-502, the terms "sell," "exchange," "barter," and "lease" in both statutes must mean something other than the transfer of custody for…”
People v. Chaussee, 880 P.2d 749 (Colo. 1994).
· cites it 2× “The court of appeals reasoned that “the definition of official proceeding, § 18-8-501(3), [8B C.R.S. (1986)], which includes judicial proceedings in the course of which depositions are given under oath, must be read as including interrogatories.”
— Colo. Rev. Stat. § 18-8-501(1) — 10 cases
People v. Smith, 597 P.2d 204 (Colo. 1979).
“I Smith challenges the constitutionality of section 18-8-501(1), C.R.S.1973 (now in 1978 Repl.”
People v. Zadra, 396 P.3d 34 (Colo. Ct. App. 2013).
“Defendant testified at the Stromayer hearing that she had not knowingly listened to Mr.”
People v. Drake, 841 P.2d 364 (Colo. Ct. App. 1992).
“” Section 18-8-501(1), C.R.S. (1986 Repl. Vol.”
People v. Maestas, 606 P.2d 849 (Colo. 1980).
“” Section 18-8-501(1), C.R.S. 1973. 1 The court of appeals concluded that the People had failed to demonstrate how Maestas’ testimony could have affected the outcome of the grand jury proceedings, particularly in light of the fact that Apodaca was in fact indicted by the grand…”
— Colo. Rev. Stat. § 18-8-501(2)(a) — 1 case
People v. Schupper, 140 P.3d 293 (Colo. Ct. App. 2006).
“A written statement shall be treated as if made under oath if the statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.”
— Colo. Rev. Stat. § 18-8-501(2)(a)(I) — 1 case
People v. Schupper, 140 P.3d 293 (Colo. Ct. App. 2006).
“A written statement shall be treated as if made under oath if the statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.”
— Colo. Rev. Stat. § 18-8-501(2)(a)(III) — 1 case
Comm. for Better Health Care for All Colorado Citizens v. Meyer, 830 P.2d 884 (Colo. 1992).
“See §§ 18-8-501 and -503, 8B C.R.S. (1986). For purposes of perjury, the definition of a written statement made under oath includes a statement made with the intent that it be accepted in compliance with a law which requires a statement attesting to the truth of the statement.”
— Colo. Rev. Stat. § 18-8-501(2)(b) — 1 case
People v. Schupper, 140 P.3d 293 (Colo. Ct. App. 2006).
“A written statement shall be treated as if made under oath if the statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.”
— Colo. Rev. Stat. § 18-8-501(3) — 9 cases
People v. Schupper, 140 P.3d 293 (Colo. Ct. App. 2006).
“A written statement shall be treated as if made under oath if the statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.”
People v. Chaussee, 847 P.2d 156 (Colo. Ct. App. 1993).
“Written statements may also be made under “oath” pursuant to § 18-8-501, C.R.S. (1986 Repl.Vol. 8B). The difference between the two degrees of perjury depends, instead, upon whether the false statement made under oath occurs in an “official proceeding.”
People v. Riley, 2015 COA 152 (Colo. Ct. App. 2015).
“2015, provides that the definitions contained in section 18-8-501 are applicable to section 18-8-610.”
People v. Chaussee, 880 P.2d 749 (Colo. 1994).
“The court of appeals reasoned that “the definition of official proceeding, § 18-8-501(3), [8B C.R.S. (1986)], which includes judicial proceedings in the course of which depositions are given under oath, must be read as including interrogatories.”
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