a. Statements "Under Penalty." A person commits a crime of the fourth degree if he makes a written false statement which he does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.
b. In general. A person commits a disorderly persons offense if, with purpose to mislead a public servant in performing his function, he:
(1) Makes any written false statement which he does not believe to be true;
(2) Purposely creates a false impression in a written application for any pecuniary or other benefit, by omitting information necessary to prevent statements therein from being misleading;
(3) Submits or invites reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity; or
(4) Submits or invites reliance on any sample, specimen, map, boundary-mark, or other object which he knows to be false.
c. Perjury provisions applicable. Subsections c. and d. of section 2C:28-1 and subsection c. of 2C:28-2 apply to the present section.
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 1999–2023 · leading case:
Kronenberg v. Katz, 872 A.2d 568 (Del. Ch. 2004).
Kronenberg v. Katz, 872 A.2d 568 (Del. Ch. 2004).
“N.J. Stat. Ann. § 2C:28-3(b). - 27 . See Securities Exchange Act of 1934 § 10(b), 15 U.”
Cason v. Davis (D.N.J. 2021).
· cites it 2× “§ 2C:17-1(a) (counts three, four, and five); one count of false swearing, in violation of N.J. Stat. Ann. § 2C:28-2(a) (count six); and one count of unsworn falsification, in violation of N.”
State v. Laura Gonzalez (085132) (Somerset Cnty. & Statewide) (N.J. 2022).
“When deceptive interrogation tactics are sanctioned by our courts, what is the lesson conveyed to the public -- that law enforcement officers can lie to a suspect, but when a suspect lies to the police, it is a crime? See N.J.S.A. 2C:28-3. One day, this Court will have to decide…”
In the Matter of the Appeal of the Denial of R.W.T.'s Application, Etc. (N.J. Super. Ct. App. Div. 2023).
“So too, the unsworn falsification offense, N.J.S.A. 2C:28-3, which applies to statements made on a form bearing notice that false statements made therein are punishable, does not incorporate by reference the materiality element from the perjury statute.”
— N.J. Stat. § 2C:28-3(a) — 2 cases
Cason v. Davis (D.N.J. 2021).
“§ 2C:17-1(a) (counts three, four, and five); one count of false swearing, in violation of N.J. Stat. Ann. § 2C:28-2(a) (count six); and one count of unsworn falsification, in violation of N.”
— N.J. Stat. § 2C:28-3(b) — 1 case
Kronenberg v. Katz, 872 A.2d 568 (Del. Ch. 2004).
“N.J. Stat. Ann. § 2C:28-3(b). - 27 . See Securities Exchange Act of 1934 § 10(b), 15 U.”
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