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Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 452 (2026)

False swearing

✓ current as of May 2026
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1.  A person is guilty of false swearing if:  
A. The person makes a false statement under oath or affirmation or swears or affirms the truth of such a statement previously made and the person does not believe the statement to be true, provided  
(1) the falsification occurs in an official proceeding as defined in section 451, subsection 5, paragraph A, or is made with the intention to mislead a public servant performing the public servant's official duties; or  
(2) the statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths; or   [RR 2009, c. 2, §38 (COR).]
B. The person makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by the person to be true. In a prosecution under this subsection, it need not be alleged or proved which of the statements is false, but only that one or the other was false and not believed by the defendant to be true.   [RR 2009, c. 2, §38 (COR).]
[RR 2009, c. 2, §38 (COR).]
2.  It is an affirmative defense to prosecution under this section that, when made in an official proceeding, the defendant retracted the falsification in the course of such proceeding before it became manifest that the falsification was or would have been exposed.  
[PL 1981, c. 317, §14 (AMD).]
2-A.  In a prosecution under subsection 1, paragraph A, evidence that the allegedly false testimony or statement in the prior official proceeding or before a notary or other person authorized to administer oaths was contradicted by evidence in that proceeding may not be a sufficient basis by itself to sustain a conviction for false swearing.  
[PL 1983, c. 450, §3 (AMD).]
3.  It is not a defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not a competent witness in making the statement or was disqualified from doing so. A document purporting to be made upon oaths or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed.  
[PL 1975, c. 740, §63 (AMD).]
4.  False swearing is a Class D crime.  
[PL 1975, c. 499, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §63 (AMD). PL 1979, c. 512, §28 (AMD). PL 1981, c. 317, §§14,15 (AMD). PL 1983, c. 450, §3 (AMD). RR 2009, c. 2, §38 (COR).
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Notes of Decisions
Cited in 10 cases, 1976–2014 · leading case: Maine Taxpayers Action Network v. Sec'y of State, 2002 ME 64 (Me. 2002).
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Maine Taxpayers Action Network v. Sec'y of State, 2002 ME 64 (Me. 2002). · cites it 2× “2001) (regarding false statements on a driver's license application); 17-A M.R.S.A. § 452(1)(A) (1993) (criminalizing false swearing, that is, the making of a false statement under oath); see also State v.”
State v. Anthoine, 789 A.2d 1277 (Me. 2002). · cites it 4× “17-A M.R.S.A. § 452(1 )(A)(2) (1983) provides: A person is guilty of false swearing if .”
Scott v. Cent. Maine Power Co., 709 F. Supp. 1176 (D. Me. 1989). · cites it 2× “The Maine Attorney General instead prosecuted Scott for “false swearing,” a misdemeanor under Me.Rev.Stat.Ann. tit. 17-A, § 452, 2 and, on December 13, 1982, Scott pleaded guilty pursuant to a plea agreement with the Attorney General which provided that Scott would not be…”
In Re M.m, 2014 ME 15 (Me. 2014). “Beyond requiring a minimum of three petitioners before a court may act, custodial parents have additional protection against undue interference with their fundamental rights in that facially deficient petitions will, as here, be dismissed before a parent is required to defend at…”
Opinion of the Justices of the Supreme Jud. Court, 355 A.2d 341 (Me. 1976). “17-A MRSA § 452, sub-§ 3, 1st sentence, as enacted by PL 1975, c.”
HCI Corp. v. Voikos Constr. Co., 581 A.2d 795 (Me. 1990). “” 17-A M.R.S.A. § 452. We have said that “the existence or nonexistence of an opinion or belief is, in itself, a matter of fact, and if material, the false statement of opinion or belief may constitute [a perjury] offense.”
State v. Cyran, 586 A.2d 1238 (Me. 1991). “§ 702 (1983), and false swearing, 17-A M.R.S.A. § 452 (1983 and Supp.1990).”
State v. Farrington, 411 A.2d 396 (Me. 1980). “nse to a motion by defendant for special findings of fact, the Justice found that defendant falsely stated that: (1) Timothy Hartford was not an occupant of the pulp truck at the time it left the road and overturned, and (2) defendant was “in the immediate area” of the…”
State v. Witham, 692 A.2d 930 (Me. 1997). “1996), and three counts of false swearing (Class D), 17-A M.R.S.A. § 452 (1983 & Supp.1996), (Piscataquis County, Mead, J.”
State v. Maynard, 926 A.2d 172 (Me. 2007). “17-A M.R.S. § 452(1)(A)(1), (2) (2006). .”
— Me. Rev. Stat. tit. 17-A, § 452(1)(A) — 2 cases
Maine Taxpayers Action Network v. Sec'y of State, 2002 ME 64 (Me. 2002). “2001) (regarding false statements on a driver's license application); 17-A M.R.S.A. § 452(1)(A) (1993) (criminalizing false swearing, that is, the making of a false statement under oath); see also State v.”
State v. Farrington, 411 A.2d 396 (Me. 1980). “nse to a motion by defendant for special findings of fact, the Justice found that defendant falsely stated that: (1) Timothy Hartford was not an occupant of the pulp truck at the time it left the road and overturned, and (2) defendant was “in the immediate area” of the…”
— Me. Rev. Stat. tit. 17-A, § 452(1)(A)(1) — 1 case
State v. Maynard, 926 A.2d 172 (Me. 2007). “17-A M.R.S. § 452(1)(A)(1), (2) (2006). .”
— Me. Rev. Stat. tit. 17-A, § 452(1)(A)(2) — 1 case
State v. Anthoine, 789 A.2d 1277 (Me. 2002). “17-A M.R.S.A. § 452(1 )(A)(2) (1983) provides: A person is guilty of false swearing if .”
— Me. Rev. Stat. tit. 17-A, § 452(2) — 1 case
State v. Anthoine, 789 A.2d 1277 (Me. 2002). “17-A M.R.S.A. § 452(1 )(A)(2) (1983) provides: A person is guilty of false swearing if .”
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