Nebraska Revised Statutes

Neb. Rev. Stat. § 28-915.01 (2026)

False statement under oath or affirmation; penalty; applicability of section

✓ current as of July 2026

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(1) A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, or makes a false statement in an unsworn declaration that meets the requirements of the Uniform Unsworn Foreign Declarations Act, when he or she does not believe the statement to be true, is guilty of a Class I misdemeanor if the falsification:

(a) Occurs in an official proceeding; or

(b) Is intended to mislead a public servant in performing his or her official function.

(2) A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, or makes a false statement in an unsworn declaration that meets the requirements of the Uniform Unsworn Foreign Declarations Act, when he or she does not believe the statement to be true, is guilty of a Class II misdemeanor if the statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths.

(3) Subsections (4) through (7) of section 28-915 shall apply to subsections (1) and (2) of this section.

(4) This section shall not apply to reports, statements, affidavits, or other documents made or filed pursuant to the Nebraska Political Accountability and Disclosure Act.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 1992–2025 · leading case: State v. McCaslin, 482 N.W.2d 558 (Neb. 1992).

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State v. McCaslin, 482 N.W.2d 558 (Neb. 1992). · cites it 3× “*484 § 28-915 (Reissue 1989), and making a false statement under oath, a Class I misdemeanor within the meaning of Neb. Rev. Stat. § 28-915.01 (Reissue 1989).”

State v. Rieker, 318 Neb. 238 (Neb. 2025). · cites it 2× “Neb. Rev. Stat. § 28-915.01 (Cum. Supp. 2024) prohibits making a “false statement under oath” when the declarant “does not believe the statement to be true.”

State v. Meehan, 576 N.W.2d 483 (Neb. Ct. App. 1998). · cites it 2× “We note that a different Nebraska statute, Neb. Rev. Stat. § 28-915.01 (Reissue 1995), defines the crime of making false statements under oath in circumstances other than official proceedings, sometimes referred to as “false swearing.”

State v. Fierro (Neb. Ct. App. 2023). · cites it 2× “McCaslin, supra, the defendant was convicted of making a false statement under oath in violation of Neb. Rev. Stat. § 28-915.01 (Reissue 1989) and of perjury under § 28-915.”

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