18-8-501. Definitions.
331 words·~2 min read·
/co/title-18-criminal-code/article-8-offenses-governmental-operations/18-8-501·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The definitions in sections 18-8-101 and 18-8-301 are applicable to this part 5, and, in addition to those definitions:
(1)"Materially false statement" means any false statement, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of an official proceeding, or the action or decision of a public servant, or the performance of a governmental function.
(a)"Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. For the purposes of this section, written statements shall also be treated as if made under oath if:
(I)The statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable; or
(II)The statement recites that it was made under oath, the declarant was aware of such recitation at the time he made the statement and intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto; or
(III)The statement is made, used, or offered with the intent that it be accepted as compliance with a statute, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement; or
(IV)The statement meets the requirements for an unsworn declaration under the "Uniform Unsworn Declarations Act", article 27 of title 13.
(b)An oath is "required or authorized by law" when the use of the oath is specifically provided for by statute, court rule, or appropriate regulatory provision.
(3)"Official proceeding" means a proceeding heard before any legislative, judicial, administrative, or other government agency, or official authorized to hear evidence under oath,
including any magistrate, hearing examiner, commissioner, notary, or other person taking testimony or depositions in any such proceedings.