§ 4904. Unsworn falsification to authorities.
(a) In general.--A person commits a misdemeanor of the second degree if, with intent to mislead a public
servant in performing his official function, he:
(1) makes any written false statement which he does not believe to be true;
(2) submits or invites reliance on any writing which he knows to be forged, altered or
otherwise lacking in authenticity; or
(3) submits or invites reliance on any sample, specimen, map, boundary mark, or other
object which he knows to be false.
(b) Statements "under penalty".--A person commits a misdemeanor of the third 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.
(c) Perjury provisions applicable.--Section 4902(c) through (f) of this title (relating to perjury) applies to this section.
(d) Penalty.--In addition to any other penalty that may be imposed, a person convicted under this
section shall be sentenced to pay a fine of at least $1,000.
(Nov. 29, 2006, P.L.1481, No.168, eff. 60 days)
2006 Amendment. Act 168 added subsec. (d).
Cross References. Section 4904 is referred to in section 6116, 9158.2 of this title; section 2344 of
Title 3 (Agriculture); sections 1518, 3905 of Title 4 (Amusements); section 3505 of
Title 5 (Athletics and Sports); sections 102, 134, 142, 8998 of Title 15 (Corporations
and Unincorporated Associations); sections 761, 911, 3101, 3175, 3908 of Title 20
(Decedents, Estates and Fiduciaries); sections 4308.1, 5103, 5337, 6344.2, 6711 of
Title 23 (Domestic Relations); section 1714 of Title 25 (Elections); section 4110
of Title 27 (Environmental Resources); section 7923 of Title 35 (Health and Safety);
sections 102, 1904, 5552, 5903 of Title 42 (Judiciary and Judicial Procedure); sections
13A05, 13A08 of Title 65 (Public Officers); section 2301 of Title 71 (State Government);
sections 1510, 1901, 1920.2 of Title 75 (Vehicles).
Notes of Decisions
Commonwealth v. Brown (2005)
pa · cites it 8×
“" The Code provides that, subject to additional, more specific usages, the term affidavit when used in the Code, "[i]ncludes an unsworn document containing statements of fact and a statement by the signatory that it is made subject to the penalties of 18 Pa.C.S. § 4904 (relating…”
Commonwealth v. Tedford (2008)
pa · cites it 2×
“[10] While appellant refers to juror "affidavits," his "newly" discovered evidence in fact consists of three unsworn declarations which he proffers pursuant to 28 U.”
Commonwealth v. Hutchinson (2011)
pa · cites it 2×
“§ 1746 , and 18 Pa.C.S. § 4904, at ¶ 7. [19] *314 Trial counsel prepared and presented the defense that Appellant sought based on his claim of non-involvement in the murder, his account of his whereabouts at the time of the murder, his naming of the alibi witness, and the…”
Commonwealth v. Shamberger (2001)
pasuperct · cites it 2×
“[15] Although the Commonwealth charged appellant with violations of all three subsections of Section 4101(a), Subsection (a)(1) and (a)(3) are patently inapplicable to the conduct of appellant.”
Commonwealth v. Grayson (2019)
pasuperct · cites it 2×
“Appellant's counsel filed a response, arguing that although he did not include a witness certification, Appellant would be the only witness and that it was common practice in Delaware County to accept an unsworn 18 Pa.C.S. § 4904 verification. Appellant's Resp.”
Flores-Molina v. Sessions (2017)
ca10 · cites it 2×
“at 34 (emphasis added) (quoting 18 Pa. Cons. Stat. § 4904 (a) (1992)). The BIA concluded this offense constituted a CIMT, reasoning that: To obtain a conviction under the Pennsylvania statute, it must be proved that the actor has the “intent to mislead a public servant in…”
Ferko-Fox v. Fox (2013)
pasuperct · cites it 2×
“For these reasons, when compared to the requirement that an alleged victim appear before a trial court during an ex parte proceeding, the practice of relying upon a PFA petitioner’s verification and acknowledgment that any false statements *925 are subject to the penalties of 18…”
Welsh, P. v. National Railroad Passenger Corp (2017)
pasuperct · cites it 3×
“The trial court noted that it dismissed the use of the affidavits because they failed to state they were made under penalty of perjury pursuant to 18 Pa.C.S. § 4904. With respect to a motion for summary judgment, the “record” as used in both the Pennsylvania and Philadelphia…”
In Re Estate of Luongo (2003)
pasuperct · cites it 2×
“In the case of the latter alternative, the statement shall set forth that it is subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).”
R.H.S. v. Allegheny County Department of Human Services (2007)
pacommwct · cites it 3×
“She maintained Defendants’ conduct is criminal insofar as Tarasí submitted a false Act 77 form to the PSP in violation of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) and § 4906(a) (relating to false reports to law enforcement authorities).”
Commonwealth, Aplt v. Bardo, M. (2014)
pa · cites it 2×
“§ 1746 and 18 Pa.C.S. § 4904, undated, but prepared for PCRA purposes (“Affidavit/Declaration of Mr.”
JURADO (2006)
bia · cites it 2×
“18 Pa. Cons. Stat. § 4904 (a) (1992). The respondent argues that the false statements involved in this crime cannot be considered turpitudinous because there is no requirement that they be “material.”
— 18 Pa. Cons. Stat. § 4904(a) — 11 cases
— 18 Pa. Cons. Stat. § 4904(a)(1) — 11 cases
— 18 Pa. Cons. Stat. § 4904(a)(2) — 2 cases
— 18 Pa. Cons. Stat. § 4904(a)(l) — 3 cases
— 18 Pa. Cons. Stat. § 4904(b) — 20 cases
— 18 Pa. Cons. Stat. § 4904(h) — 1 case
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