Wis. Stat. » CHAPTER 946 — CRIMES AGAINST GOVERNMENT AND ITS ADMINISTRATION
Wisconsin Statutes

Wis. Stat. § 946.32 (2026)

False swearing

✓ current as of July 2026
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946.32946.32 False swearing.
946.32(1)(1) Whoever does either of the following is guilty of a Class H felony:
946.32(1)(a)(a) Under oath or affirmation or upon signing a statement pursuant to s. 887.015 makes or subscribes a false statement which he or she does not believe is true, when such oath, affirmation, or statement is authorized or required by law or is required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action.
946.32(1)(b)(b) Makes or subscribes 2 inconsistent statements under oath or affirmation or upon signing a statement pursuant to s. 887.015 in regard to any matter respecting which an oath, affirmation, or statement is, in each case, authorized or required by law or required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action, under circumstances which demonstrate that the witness or subscriber knew at least one of the statements to be false when made. The period of limitations within which prosecution may be commenced runs from the time of the first statement.
946.32(2)(2) Whoever under oath or affirmation or upon signing a statement pursuant to s. 887.015 makes or subscribes a false statement which the person does not believe is true is guilty of a Class A misdemeanor.
946.32 HistoryHistory: 1977 c. 173; 1993 a. 486; 2001 a. 109; 2009 a. 166.
946.32 AnnotationThis section applies to oral statements. The mere fact that a statement is permitted by law does not mean it is “authorized by law” within meaning of sub. (1) (a). State v. Devitt, 82 Wis. 2d 262, 262 N.W.2d 73 (1978).
946.32 AnnotationThe reference to the statute of limitations in sub. (1) (b) does not make it an element of the offense. The statute of limitations is an affirmative defense and is subject to tolling under s. 939.74. State v. Slaughter, 200 Wis. 2d 190, 546 N.W.2d 490 (Ct. App. 1996), 95-0141.
946.32 AnnotationWhat is to be “authorized or required” under sub. (1) (b) is the oath itself, not the matter respecting which the oath is taken. State v. Slaughter, 200 Wis. 2d 190, 546 N.W.2d 490 (Ct. App. 1996), 95-0141.
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Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1978–2024 · leading case: State v. Slaughter, 546 N.W.2d 490 (Wis. Ct. App. 1996).
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State v. Slaughter, 546 N.W.2d 490 (Wis. Ct. App. 1996). · cites it 16× “We agree with the State's argument that what is to be authorized or required in § 946.32(1)(b), STATS., is the oath or affirmation and not the taking of the deposition itself.”
State v. Tye, 2001 WI 124 (Wis. 2001). · cites it 4× “Yost, In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's Warrant Clause, 31 Am. Crim. L. Rev. 1013 , 1024 (1994); Michael Stokes Paulsen, Dirty Harry and the Real Constitution, 64 U.”
Est. of Hopgood v. Boyd, 2013 WI 1 (Wis. 2013). · cites it 7× “The Kellner court expressly recognized that Wisconsin law punishes falsely swearing to a notice of claim under Wis. Stat. § 946.32 , the false swearing statute.”
State v. Reed, 2005 WI 53 (Wis. 2005). · cites it 2× “31 (perjury); § 946.32 (false swearing). [18] Espinoza, 250 Wis.”
State v. Casteel, 2001 WI App 188 (Wis. Ct. App. 2001). · cites it 2× “Filing a false one could result in prosecution for false swearing under Wis. Stat. § 946.32 . 12 We would have preferred to fashion a sanction that would spare the trial court from Casteel's further frivolous filings.”
Kellner v. Christian, 525 N.W.2d 286 (Wis. Ct. App. 1994). · cites it 3× “Third, evidence that formalities, such as the execution of a sworn statement, have been complied with deter opportunities for false swearing.”
State v. Devitt, 262 N.W.2d 73 (Wis. 1978). · cites it 2× “” The original information charged misdemeanor false swearing, sec. 946.32(2), Stats., on the financial statement, and perjury, sec.”
State v. Johnston, 394 N.W.2d 915 (Wis. Ct. App. 1986). · cites it 2× “1 Section 946.32(2) provides: Whoever under oath or affirmation makes or subscribes a false statement which the person does not believe is true is guilty of a Class A misdemeanor.”
State v. Dean, 314 N.W.2d 151 (Wis. Ct. App. 1981). · cites it 2× “9th Street, Milwaukee, Wisconsin, did make inconsistent statements under oath in regard to matters respecting which an oath was, in each case, authorized by law, under circumstances which demonstrate that defendant knew at least one of the statements to be false when made,…”
State v. Jeffrey L. Moeser, 2022 WI 76 (Wis. 2022). “§ 946.32 (2); LaFave et al., supra ¶32 (quoting Simon, 515 P.”
Pillar Corp. v. Enercon Indus. Corp., 694 F. Supp. 1353 (E.D. Wis. 1988). · cites it 4× “In addition to the predicate acts alleged above, Pillar has also alleged that Ahlbrandt committed the Wisconsin crimes of false swearing in violation of Wis.Stat. § 946.32 and aiding and abetting perjury in violation of Wis.”
State v. Schlegel, 415 N.W.2d 164 (Wis. Ct. App. 1987). · cites it 6× “Schlegel, an investor and real estate developer, was charged with violating sec. 946.32(l)(b), Stats., which makes it a Class D felony to "make[ ] .”
Show all 14 citing cases →
— Wis. Stat. § 946.32(1) — 1 case
Pillar Corp. v. Enercon Indus. Corp., 694 F. Supp. 1353 (E.D. Wis. 1988). “In addition to the predicate acts alleged above, Pillar has also alleged that Ahlbrandt committed the Wisconsin crimes of false swearing in violation of Wis.Stat. § 946.32 and aiding and abetting perjury in violation of Wis.”
— Wis. Stat. § 946.32(1)(a) — 1 case
Kellner v. Christian, 525 N.W.2d 286 (Wis. Ct. App. 1994). “Third, evidence that formalities, such as the execution of a sworn statement, have been complied with deter opportunities for false swearing.”
— Wis. Stat. § 946.32(1)(b) — 1 case
State v. Slaughter, 546 N.W.2d 490 (Wis. Ct. App. 1996). “We agree with the State's argument that what is to be authorized or required in § 946.32(1)(b), STATS., is the oath or affirmation and not the taking of the deposition itself.”
— Wis. Stat. § 946.32(2) — 2 cases
State v. Devitt, 262 N.W.2d 73 (Wis. 1978). “” The original information charged misdemeanor false swearing, sec. 946.32(2), Stats., on the financial statement, and perjury, sec.”
State v. Johnston, 394 N.W.2d 915 (Wis. Ct. App. 1986). “1 Section 946.32(2) provides: Whoever under oath or affirmation makes or subscribes a false statement which the person does not believe is true is guilty of a Class A misdemeanor.”
— Wis. Stat. § 946.32(l)(b) — 2 cases
State v. Slaughter, 546 N.W.2d 490 (Wis. Ct. App. 1996). “We agree with the State's argument that what is to be authorized or required in § 946.32(1)(b), STATS., is the oath or affirmation and not the taking of the deposition itself.”
State v. Schlegel, 415 N.W.2d 164 (Wis. Ct. App. 1987). “Schlegel, an investor and real estate developer, was charged with violating sec. 946.32(l)(b), Stats., which makes it a Class D felony to "make[ ] .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.