Virginia Code

Va. Code Ann. § 18.2-434 (2026)

What deemed perjury; punishment and penalty

✓ current as of May 2026

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If any person to whom an oath is lawfully administered on any occasion willfully swears falsely on such occasion touching any material matter or thing, or if a person falsely make oath that any other person is 18 years of age or older in order to obtain a marriage license for such other person, or if any person in any written declaration, certificate, verification, or statement under penalty of perjury pursuant to § 8.01-4.3 willfully subscribes as true any material matter which he does not believe is true, he is guilty of perjury, punishable as a Class 5 felony. Upon the conviction of any person for perjury, such person thereby shall be adjudged forever incapable of holding any office of honor, profit or trust under the Constitution of Virginia, or of serving as a juror.

Code 1950, §§ 18.1-273 through 18.1-275; 1960, c. 358; 1972, c. 823; 1975, cc. 14, 15; 2005, c. 423.

Notes of Decisions

Cited in 70 cases (10 in the last 5 years), 1979–2026 · leading case: Pijor v. Commonwealth, 808 S.E.2d 408 (Va. 2017).

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Pijor v. Commonwealth, 808 S.E.2d 408 (Va. 2017). · cites it 10× “POWELL **505 David Stanley James Pijor ("Pijor") was found guilty of perjury, in violation of Code § 18.2-434, in the Circuit Court of Fairfax County ("trial court").”

Williams v. Commonwealth, 381 S.E.2d 361 (Va. Ct. App. 1989). · cites it 20× “” The indictment listed Code § 18.2-434 as the statute violated. At the perjury trial, the Commonwealth proved only that Williams’ testimony at the two Parrish trials had been different.”

Gerald, T. v. Commonwealth, 813 S.E.2d 722 (Va. 2018). · cites it 2× “2-434 provides, in pertinent part: "If any person to whom an oath is lawfully administered on any occasion willfully swears falsely on such occasion touching any material matter or thing ... he is guilty of perjury." Therefore, in order to sustain a perjury conviction, the…”

Michael Eugene Donati v. Commonwealth of Virginia, 560 S.E.2d 455 (Va. Ct. App. 2002). · cites it 14× “He contends the trial court erred by denying his motion to strike the evidence as insufficient to prove perjury in violation of Code § 18.2-434. He argues the Commonwealth failed to prove falsity by two witnesses, or one witness supported by significant corroborating evidence,…”

Keffer v. Commonwealth, 404 S.E.2d 745 (Va. Ct. App. 1991). · cites it 12× “Keffer, appellant, was convicted of perjury pursuant to Code § 18.2-434 and sentenced to three years in the state penitentiary, all but thirty days of which were suspended for three years.”

Lamberto Maldonado, a/k/a Lamberto Moldanado v. Commonwealth of Virginia, 829 S.E.2d 570 (Va. Ct. App. 2019). · cites it 2× “See generally Code §§ 18.2-434 to -480.1 (listing “crimes against the administration of justice” in the Commonwealth).”

Scott v. Commonwealth, 416 S.E.2d 47 (Va. Ct. App. 1992). · cites it 10× “2-434, 2 the Commonwealth must prove that a statement of the defendant was false.”

Stephen Matthew Sutphin v. Commonwealth of Virginia, 734 S.E.2d 725 (Va. Ct. App. 2012). · cites it 14× “However, it is abundantly clear from the trial record and the briefs on appeal, and as counsel for both parties conceded at oral argument, the Commonwealth, Sutphin, and the trial court all proceeded both at trial and on appeal as if Sutphin had been indicted and convicted for…”

Prince Adjei v. Commonwealth of Virginia, 763 S.E.2d 225 (Va. Ct. App. 2014). · cites it 4× “Prince Adjei appeals his convictions for perjury, in violation of Code § 18.2-434, and possession of a firearm by an illegal alien, in violation of Code § 18.”

Fritter v. Commonwealth, 610 S.E.2d 887 (Va. Ct. App. 2005). · cites it 8× “Joshua Fritter (appellant) was convicted in a jury trial of perjury, in violation of Code § 18.2-434. On appeal, he contends the evidence was insufficient to sustain his conviction because (1) his allegedly perjurious statement was not material and (2) the Commonwealth did not…”

Holz v. Commonwealth, 263 S.E.2d 426 (Va. 1980). · cites it 6× “Indicted for perjury under Code § 18.2-434, defendant Robert Anthony Holz was convicted of the charge in a bench trial and sentenced to two years’ confinement in the penitentiary with all but four months suspended.”

Burrell v. Commonwealth, 646 S.E.2d 35 (Va. Ct. App. 2007). · cites it 5× “Code § 18.2-434 defines perjury as follows: If any person to whom an oath is lawfully administered on any occasion willfully swears falsely on such occasion touching any material matter or thing .”

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