California Perjury Laws: Penal Code 118 PC
The integrity of the justice system relies entirely on the truthfulness of statements, certifications, and testimonies. California Penal Code 118 PC governs the crime of perjury, establishing severe criminal consequences for making false statements while bound by an oath.
Under California Penal Code 118 PC, perjury is defined as the deliberate and willful act of making a false statement—either orally or in writing—regarding a material matter while under an oath or penalty of perjury to tell the truth, knowing that the statement is false at the time it is made.
Because it directly undermines due process and public administration, perjury is prosecuted strictly as a straight felony in California.
The statute applies not only to oral testimony in court or depositions but also to written affidavits, declarations, DMV applications, tax forms, and family law disclosures submitted under penalty of perjury.
Quick Reference Summary Chart
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Legal Feature |
Statutory Details |
| Statute | California Penal Code 118 PC |
| Core Offense | Willfully stating as true any material matter known to be false while under oath |
| Classification | Straight Felony (cannot be reduced to a misdemeanor under PC 17(b)) |
| Maximum Penalties | 2, 3, or 4 years in California State Prison; fine up to $10,000; formal probation |
| Statute of Limitations | 3 years from the date the alleged perjury occurred |
| Materiality Requirement | The statement must have a natural tendency to influence or affect the proceeding |
| Evidentiary Threshold | Cannot be convicted based solely on the uncorroborated testimony of one witness (PC 118(b)) |
What Must Be Proven to Convict (Elements of the Offense)
To secure a conviction under California Penal Code 118 PC, the prosecution must prove each of the following legal elements beyond a reasonable doubt:
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Administration of a Lawful Oath: The defendant took an oath, affirmation, or signed a document under penalty of perjury certifying to tell the truth before a competent officer, tribunal, or official entity.
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Willful Falsity: The defendant deliberately made a statement that was factually false at the time it was made.
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Knowledge of Falsity: The defendant knew the statement was false at the exact moment they provided or signed it.
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Specific Intent to Deceive: The defendant acted with the specific intent to certify or testify falsely under oath.
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Material Matter: The false statement concerned a "material" issue. A statement is legally material if it has a natural tendency to influence, sway, or affect the decision-making process or outcome of the proceeding.
Real-World Hypothetical Examples
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Material Courtroom Falsehood: A witness swears under oath during a felony assault trial that the defendant was with her at a movie theater during the crime, but modern traffic camera footage proves she was home alone and fabricated the alibi to protect a friend.
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Non-Material Statement: A party testifying in a civil contract dispute lies under oath about what brand of coffee he drank on the morning he signed the agreement—a false statement, but entirely immaterial to the contract's enforceability.
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Documentary Perjury: An applicant knowingly provides a false Social Security number and forged work history on a sworn, official state employment disclosure signed under penalty of perjury.
Penalties and Sentencing Options for PC 118
A conviction for felony perjury under California law carries severe criminal and collateral consequences:
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Incarceration: Perjury is punishable by 2, 3, or 4 years in California State Prison under state sentencing guidelines.
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Fines: Courts may impose statutory criminal fines up to $10,000.
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Formal Felony Probation: A judge may grant formal felony probation with mandatory community service, court supervision, or local custody as a condition of probation.
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Collateral & Professional Consequences: Perjury is classified as a crime of moral turpitude involving dishonesty. A conviction typically leads to the automatic suspension or revocation of professional credentials, including legal, medical, real estate, accounting, and government licenses.
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Immigration Consequences: For non-citizens, a conviction for a crime of moral turpitude can result in deportation, denial of re-entry, or inadmissibility under federal immigration law.
Legal Defenses Against Perjury Charges
Experienced defense strategies against Penal Code 118 PC charges typically focus on challenging intent, materiality, or evidentiary sufficiency:
Mistake of Fact or Honest Belief
Perjury requires willful deceit. If you genuinely believed your statement was true when you made it—even if it is later disproved—you are not guilty. Memory lapses, honest confusion, or misunderstandings do not constitute perjury.
Lack of Materiality
If the alleged lie was completely trivial, irrelevant, or incapable of influencing the official proceeding, the statement fails the statutory test of materiality required for a conviction.
The Two-Witness / Single-Witness Rule (PC 118(b))
Under California Penal Code 118(b), a defendant cannot be convicted of perjury if the only evidence proving the lie is the verbal testimony of a single witness. The prosecution must present independent corroborating evidence, such as physical documentation, electronic records, or additional witness testimony.
Ineffective or Invalid Oath
If the oath was administered by someone without legal authority, or if you signed an administrative document without clear notice or warning that it was executed under penalty of perjury, the legal predicate for perjury is missing.
Frequently Asked Questions
Can I be charged with perjury if I correct my statement later?
Recanting or clarifying a statement does not automatically erase perjury if you knowingly lied initially. However, prompt correction can strongly support a defense that the original statement was an honest mistake, confusion, or misstatement rather than a deliberate lie.
Does perjury apply to documents signed outside of court?
Yes. Perjury applies to written documents signed under penalty of perjury, including tax returns, family law financial declarations, sworn affidavits, income verification forms, and driver's license applications submitted to the California DMV.
What is the difference between perjury and subornation of perjury?
Perjury (PC 118) is lying under oath yourself. Subornation of perjury (Penal Code 127 PC) occurs when you induce, persuade, or bribe someone else to commit perjury. Both offenses carry identical felony penalties.
Can I face perjury charges for pleading "not guilty" in court?
No. Entering a plea of "not guilty" is a constitutional right to force the state to meet its burden of proof. It is not considered factual testimony delivered under oath.
What is the statute of limitations for filing perjury charges in California?
In California, prosecutors generally have three years from the date the perjury occurred—or three years from the date the crime was discovered or reasonably should have been discovered—to file formal criminal charges.
Can a civil deposition lead to felony perjury charges?
Yes. Testimony given under oath during a civil deposition carries the same legal weight as testimony given in a criminal trial. Knowingly giving false material testimony in a deposition can trigger criminal prosecution under PC 118.
How does the prosecution prove I knew I was lying?
Prosecutors establish knowledge through circumstantial evidence, including contradictory text messages, emails, business records, physical evidence, or statements you made to third parties that contradict your sworn testimony.
Can perjury charges be reduced to a misdemeanor?
No. California Penal Code 118 PC is a "straight felony," meaning judges and prosecutors cannot reduce it to a misdemeanor under California Penal Code 17(b).
Related California and Federal Laws
Understanding related criminal charges is critical because prosecutors frequently file multiple companion charges alongside perjury to maximize leverage during plea negotiations or trials.
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Penal Code 127 PC (Subornation of Perjury): Prohibits procuring or persuading another person to give false sworn testimony.
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Penal Code 115 PC (Filing False Documents): Penalizes knowingly offering or filing false or forged documents in any public office in California.
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Penal Code 132 PC (Offering Altered Evidence): Makes it a felony to knowingly offer forged, altered, or fabricated physical evidence in any legal proceeding.
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Penal Code 134 PC (Preparing False Evidence): Prohibits preparing false or forged books, documents, or records with the intent to produce them as genuine in a legal proceeding.
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Penal Code 470 PC (Forgery): Criminalizes altering, forging, or counterfeiting documents or signatures with the intent to defraud.
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18 U.S.C. § 1621 (Federal Perjury): The federal statute penalizing false statements made under oath in federal courts, federal depositions, or congressional proceedings, carrying up to 5 years in federal prison.
Why Related Charges Matter: Prosecutors often file charges under PC 115 or PC 132 alongside PC 118 when false sworn statements are accompanied by fraudulent paperwork or manufactured evidence. Facing stacked felony charges significantly increases overall exposure to prison time and complicates defense negotiations, making early strategic intervention by defense counsel vital.
Consult a California Criminal Defense Firm
A perjury charge under Penal Code 118 PC threatens your freedom, reputation, and professional livelihood. Because these cases rely heavily on complex legal interpretations of language, intent, and materiality, early legal representation is critical.
Pre-filing intervention by defense counsel can evaluate the sufficiency of corroborating evidence, challenge materiality, and present defense evidence to prosecutors before formal charges are ever filed.
The Esfandi Law Group can help you. Schedule your free consultation at (310) 274-6529 or use the contact form.