Delaware Code

11 Del. C. § 1222 (2026)

Perjury in the second degree; class F felony

✓ current as of May 2026

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A person is guilty of perjury in the second degree when the person swears falsely and when the false statement is:

(1) Made in a written instrument for which an oath is required by law; and

(2) Made with intent to mislead a public servant in the performance of official functions; and

(3) Material to the action, proceeding or matter involved.

Perjury in the second degree is a class F felony.

11 Del. C. 1953, § 1222; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: State v. Waters (Del. Super. Ct. 2024).

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State v. Waters (Del. Super. Ct. 2024). “A New Castle County Grand Jury indicted Samuel Waters for Perjury Second Degree in violation of 11 Del.C. §1222, Tampering with Physical Evidence in violation of 11 Del.”

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