523.010 Definitions.

358 words·~2 min read·/ky/chapter-523/523-010

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The following definitions apply in this chapter unless the context otherwise requires:

(1)"Material false statement" means any false statement, regardless of its admissibility

under the rules of evidence which could have affected the outcome of the

proceeding. Whether a falsification is material in a given factual situation is a

question of law.

(2)"Oath" means an affirmation or other legally authorized manner of attesting to the

truth of a statement. A written statement shall be treated as if made under oath

when:

(a)The statement was made on or pursuant to a form bearing notice, authorized

by law, that false statements made therein are punishable; or

(b)1. The document recites that the statement was made under oath, and

2. a. The declarant was aware of such recitation at the time he made the

statement;

b. The declarant intended that the statement be represented as sworn;

and

c. 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.

(3)"Official proceeding" means a proceeding heard before any legislative, judicial,

administrative or other governmental agency or official authorized to hear evidence

under oath, including any referee, hearing examiner, commissioner, notary or other

person taking testimony or depositions in any such proceedings.

(4)"Required or authorized by law" means the oath is provided for by statute,

regulation, court rule, or otherwise by law.

(5)"Statement" means any representation, but includes a representation of opinion,

belief or other state of mind only if the representation clearly relates to state of mind

apart from or in addition to any facts which are the subject of the representation.

(6)"Public servant" means:

(a)Any public officer or employee of the state or of any political subdivision

thereof or of any governmental instrumentality within the state; or

(b)Any person exercising the functions of any such public officer or employee; or

(c)Any person participating as advisor, consultant or otherwise in performing a

governmental function, but not including witnesses; or

(d)Any person elected, appointed or designated to become a public servant

although not yet occupying that position.