(1) A person is guilty of perjury if, in any (a) official proceeding he or she makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, when the statement is material and he or she does not believe it to be true or (b) official proceeding in the State of Nebraska he or she makes a false statement in any unsworn declaration meeting the requirements of the Uniform Unsworn Foreign Declarations Act under penalty of perjury when the statement is material and he or she does not believe it to be true. Perjury is a Class III felony.
(2) A person is guilty of subornation of perjury if he or she persuades, procures, or suborns any other person to commit perjury. Subornation of perjury is a Class III felony.
(3) A falsification shall be material, regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the proceeding. It shall not be a defense that the declarant mistakenly believed the falsification to be immaterial. Whether a falsification is material in a given factual situation shall be a question of law.
(4) It shall not be 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 competent to make the statement. A document purporting to be made upon oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed. A document purporting to meet the requirements of the Uniform Unsworn Foreign Declarations Act shall be deemed to have been made under penalty of perjury.
(5) No person shall be guilty of an offense under this section if he or she retracted the falsification in the course of the proceeding in which it was made before it became manifest that the falsification was or would be exposed and before the falsification substantially affected the proceeding.
(6) When the defendant made inconsistent statements under oath or equivalent affirmation, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other was false and not believed by the defendant to be true.
(7) No person shall be convicted of an offense under this section when proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant.
Notes of Decisions
Cited in
18
cases (
4 in the last 5 years), 1982–2024 · leading case:
State v. Douglas, 388 N.W.2d 801 (Neb. 1986).
State v. Douglas, 388 N.W.2d 801 (Neb. 1986).
· cites it 18× “Count I charged Douglas with perjury in violation of Neb. Rev. Stat. § 28-915 (1) (Reissue 1985) by alleging that [Douglas] did, after having given his oath or affirmation in a matter where said oath or affirmation was required by *835 law, and before an authority having full…”
State v. Childs, 309 Neb. 427 (Neb. 2021).
· cites it 6× “Jean’s Perjury Trial After the Nebraska State Patrol completed its investigation, a special prosecutor for Kimball County charged Jean with per- jury in violation of Neb. Rev. Stat. § 28-915 (Reissue 2016), a Class III felony, based on her testimony during Kenneth’s trial.”
State v. Meehan, 585 N.W.2d 459 (Neb. Ct. App. 1998).
· cites it 13× “§ 28-919 (Reissue 1995), a Class IV felony; countV, subornation of perjury, in violation of Neb. Rev. Stat. § 28-915 (Reissue 1995), a Class III felony; and count VI, theft by deception in an amount of more than $200 but less than $500, in violation of Neb.”
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.”
State v. Owen, 510 N.W.2d 503 (Neb. Ct. App. 1993).
· cites it 3× “Owen, on eight counts of perjury under Neb. Rev. Stat. § 28-915 (Reissue 1989). Owen assigns 24 errors.”
State v. Douglas, 349 N.W.2d 870 (Neb. 1984).
· cites it 2× “Thus, the basis for the charge of “knowingly misrepresent or knowingly lie” appears to be grounded in Neb. Rev. Stat. § 28-915 (Reissue 1979): Perjury .”
State v. Mayhew, 346 N.W.2d 236 (Neb. 1984).
· cites it 3× “Mayhew,” held in the county court for Gage County, Nebraska, Mayhew did, under oath, “depose, affirm or declare any matter of fact, knowing the same to be false, or deny any matter of fact, knowing the same to be true,” in violation of Neb. Rev. Stat. § 28-915 (Reissue 1979).…”
Stolte v. Blackstone, 328 N.W.2d 462 (Neb. 1982).
· cites it 2× “See Neb. Rev. Stat. §28-915 (Reissue 1979). In view of this determination, consideration of appellant’s.”
State v. Cooley, 348 N.W.2d 433 (Neb. 1984).
· cites it 2× “Neb. Rev. Stat. § 28-105 (1) (Reissue 1979).”
State v. Meehan, 576 N.W.2d 483 (Neb. Ct. App. 1998).
· cites it 10× “§ 28-919 (Reissue 1995), a Class IV felony; countV, subornation of perjury, in violation of Neb. Rev. Stat. § 28-915 (Reissue 1995), a Class III felony; and count VI, theft by deception in an amount of more than $200 but less than $500, in violation of Neb.”
State v. Heaton, 407 N.W.2d 780 (Neb. 1987).
· cites it 2× “Heaton was adjudged guilty of perjury in violation of Neb. Rev. Stat. § 28-915 (Reissue 1985) and sentenced, on January 6, 1986, to 3 years’ probation on condition, among others, that he make restitution, in the sum of $54,495.”
State v. Owen, 508 N.W.2d 299 (Neb. Ct. App. 1993).
· cites it 2× “Owen, on eight counts of perjury under Neb. Rev. Stat. § 28-915 (Reissue 1989). This court has decided a previous appeal in this case.”
— Neb. Rev. Stat. § 28-915(1) — 3 cases
State v. Meehan, 585 N.W.2d 459 (Neb. Ct. App. 1998).
“§ 28-919 (Reissue 1995), a Class IV felony; countV, subornation of perjury, in violation of Neb. Rev. Stat. § 28-915 (Reissue 1995), a Class III felony; and count VI, theft by deception in an amount of more than $200 but less than $500, in violation of Neb.”
State v. Meehan, 576 N.W.2d 483 (Neb. Ct. App. 1998).
“§ 28-919 (Reissue 1995), a Class IV felony; countV, subornation of perjury, in violation of Neb. Rev. Stat. § 28-915 (Reissue 1995), a Class III felony; and count VI, theft by deception in an amount of more than $200 but less than $500, in violation of Neb.”
— Neb. Rev. Stat. § 28-915(2) — 3 cases
State v. Meehan, 585 N.W.2d 459 (Neb. Ct. App. 1998).
“§ 28-919 (Reissue 1995), a Class IV felony; countV, subornation of perjury, in violation of Neb. Rev. Stat. § 28-915 (Reissue 1995), a Class III felony; and count VI, theft by deception in an amount of more than $200 but less than $500, in violation of Neb.”
State v. Meehan, 576 N.W.2d 483 (Neb. Ct. App. 1998).
“§ 28-919 (Reissue 1995), a Class IV felony; countV, subornation of perjury, in violation of Neb. Rev. Stat. § 28-915 (Reissue 1995), a Class III felony; and count VI, theft by deception in an amount of more than $200 but less than $500, in violation of Neb.”
— Neb. Rev. Stat. § 28-915(5) — 1 case
State v. Meehan, 585 N.W.2d 459 (Neb. Ct. App. 1998).
“§ 28-919 (Reissue 1995), a Class IV felony; countV, subornation of perjury, in violation of Neb. Rev. Stat. § 28-915 (Reissue 1995), a Class III felony; and count VI, theft by deception in an amount of more than $200 but less than $500, in violation of Neb.”
— Neb. Rev. Stat. § 28-915(7) — 2 cases
State v. Childs, 309 Neb. 427 (Neb. 2021).
“Jean’s Perjury Trial After the Nebraska State Patrol completed its investigation, a special prosecutor for Kimball County charged Jean with per- jury in violation of Neb. Rev. Stat. § 28-915 (Reissue 2016), a Class III felony, based on her testimony during Kenneth’s trial.”
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