Idaho Code

Idaho Code § 18-5401 (2026)

Perjury defined. 

✓ current as of May 2026
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Perjury defined. 

Every person who, having taken an oath that he will testify, declare, depose, or certify truly, before any competent tribunal, legislative committee, officer, or person in any of the cases in which such an oath may by law be administered, wilfully and contrary to such oath, states as true any material matter which he knows to be false, is guilty of perjury.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1965–2024 · leading case: State v. Wolfrum, 175 P.3d 206 (Idaho Ct. App. 2007).
State v. Wolfrum, 175 P.3d 206 (Idaho Ct. App. 2007). · cites it 10× “Variance or Constructive Amendment Wolfram was charged with a violation of Idaho Code § 18-5401 , which specifies that perjury is committed by a person who, having taken an oath to testify truthfully, “wilfully and contrary to such oath, states as true any material matter which…”
State v. Marsalis, 264 P.3d 979 (Idaho Ct. App. 2011). · cites it 4× “[2] Idaho Code § 18-5401 states: Every person who, having taken an oath that he will testify, declare, depose, or certify truly, before any competent tribunal, legislative committee, officer, or persons in any of the cases in which such an oath may by law be administered,…”
State v. Gibson, 681 P.2d 1 (Idaho Ct. App. 1984). · cites it 4× “I.C. §§ 18-5401, 18-5410. It is a felony, and an unsuccessful attempt to commit it is also a felony.”
State v. McBride, 846 P.2d 914 (Idaho Ct. App. 1992). · cites it 6× “McBride contends that the fact he was in Payette, Idaho, on July 4 and not in Fort Worth, Texas, as he had testified, was immaterial to the issue of his guilt at the lewd conduct trial, because Payette was still miles away from the location of the alleged crime.”
State v. Aguilar, 651 P.2d 512 (Idaho 1982). · cites it 6× “Thereafter, the state filed an information charging Aguilar with perjury, a violation of I.C. § 18-5401. An amended information setting out the material facts with more specificity was later filed.”
State v. Martinez, 404 P.2d 573 (Idaho 1965). · cites it 2× “I.C. § 18-5401, defining perjury, expressly requires that the false statement be of a “material matter.”
Alvarado, 26 I. & N. Dec. 895 (2016). “Code § 22-2511 (West 1996); Idaho Code Ann. § 18-5401 (West 1996); 720 Ill.”
Terteling v. Terteling, 558 P.3d 705 (Idaho 2024). · cites it 2× “Both Nixon and Richard Tinsley were also charged with the crime of perjury in violation of Idaho Code section 18-5401. F. 2021 TEDRA Agreement Around the same time as Kendal’s fraudulent adoption attempt, the Trust became aware that its co-trusteeship arrangement placed its…”
Quinlin v. Garrett (Idaho Ct. App. 2024). · cites it 2× “Quinlin filed a complaint in the district court against the Garretts, Spriggs, and Considine alleging six claims: (1) perjury, Idaho Code § 18-5401 ; (2) libel, I.C. §§ 18-4801, -4802; (3) conspiracy, I.”
State v. Marc Robert Inabnet (Idaho Ct. App. 2014). · cites it 2× “________________________________________________ GUITIERREZ, Chief Judge; LANSING, Judge; and MELANSON, Judge PER CURIAM Marc Robert Inabnet was convicted of accessory to a felony, Idaho Code § 18-205 , and perjury, I.C. § 18-5401. The district court imposed concurrent unified…”
State v. Blaze Bordeaux (Idaho Ct. App. 2015). · cites it 2× “§ 18-1501(1), and a guilty plea to perjury, I.C. § 18-5401. In exchange for his pleas, additional charges were dismissed.”
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