Kentucky Revised Statutes

Ky. Rev. Stat. § 523.040 (2026)

False swearing

✓ current as of May 2026

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(1) A person is guilty of false swearing when he makes a false statement which he does not believe under oath required or authorized by law. (2) False swearing is a Class B misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 193, effective January 1, 1975.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1997–2024 · leading case: Ragland v. Commonwealth, 191 S.W.3d 569 (Ky. 2006).

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Ragland v. Commonwealth, 191 S.W.3d 569 (Ky. 2006). “Lundy was subsequently indicted by a Fayette County grand jury for false swearing, KRS 523.040 ("mak[ing] a false statement which he does not believe under oath"), a Class B misdemeanor.”

Hillard v. Commonwealth, 158 S.W.3d 758 (Ky. 2005). · cites it 2× “…the elements of false swearing were not present because the statements were not made under oath or required by law. KRS 523.040.”

Commonwealth v. Stallard, 958 S.W.2d 21 (Ky. 1997). · cites it 3× “030), a Class A misdemeanor, and False Swearing (KRS 523.040), a Class B misdemeanor. The differences between and the distinct elements of these three crimes bear on this Court’s affirmance of the lower court’s decision in Stallard II.”

Nirupama Kulkarni v. Dennis Horlander (Ky. 2024). “1997) (quoting Official Commentary to KRS 523.040)). Further, this Court cannot disregard the failure to comply with the signature requirement as a technical irregularity or mere error in form.”

Carroll Hubbard Jr v. Kentucky Bar Ass'n (Ky. 2019). “Specifically, Hubbard violated KRS 523.040 (false swearing—a Class B misdemeanor) when he made “a false statement which he [did] not believe under oath required or authorized by law.”

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