Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 49 - Falsification and Intimidation
Section 4902 - Perjury


(a) Offense defined.--A person is guilty of perjury, a felony of the third degree, if in any official proceeding he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, when the statement is material and he does not believe it to be true.
(b) Materiality.--Falsification is material, regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the proceeding. It is no defense that the declarant mistakenly believed the falsification to be immaterial. Whether a falsification is material in a given factual situation is a question of law.
(c) Irregularities no defense.--It is not a defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement. A document purporting to be made upon oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed.
(d) Retraction.--No person shall be guilty of an offense under this section if he retracted the falsification in the course of the proceeding in which it was made before it became manifest that the falsification was or would be exposed and before the falsification substantially affected the proceeding.
(e) Inconsistent statements.--Where the defendant made inconsistent statements under oath or equivalent affirmation, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other was false and not believed by the defendant to be true.
(f) Corroboration.--In any prosecution under this section, except under subsection (e) of this section, falsity of a statement may not be established by the uncorroborated testimony of a single witness.

Cross References. Section 4902 is referred to in sections 3218, 4903, 4904, 5708 of this title; sections 1518, 3905 of Title 4 (Amusements); sections 916, 3505 of Title 5 (Athletics and Sports); section 1714 of Title 25 (Elections); sections 5552, 5947, 9543.1 of Title 42 (Judiciary and Judicial Procedure).

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 18 - CRIMES AND OFFENSES

Chapter 49 - Falsification and Intimidation

Extra - Chapter Notes

Section 4901 - Definition

Section 4902 - Perjury

Section 4903 - False swearing

Section 4904 - Unsworn falsification to authorities

Section 4905 - False alarms to agencies of public safety

Section 4906 - False reports to law enforcement authorities

Section 4906.1 - False reports of child abuse

Section 4907 - Tampering with witnesses and informants (Repealed)

Section 4908 - Retaliation against witness or informant (Repealed)

Section 4909 - Witness or informant taking bribe

Section 4910 - Tampering with or fabricating physical evidence

Section 4911 - Tampering with public records or information

Section 4912 - Impersonating a public servant

Section 4913 - Impersonating a notary public or a holder of a professional or occupational license

Section 4914 - False identification to law enforcement authorities

Section 4915 - Failure to comply with registration of sexual offenders requirements (Expired)

Section 4915.1 - Failure to comply with registration requirements

Section 4915.2 - Failure to comply with 42 Pa.C.S. Ch. 97 Subch. I registration requirements

Section 4951 - Definitions

Section 4952 - Intimidation of witnesses or victims

Section 4953 - Retaliation against witness, victim or party

Section 4953.1 - Retaliation against prosecutor or judicial official

Section 4954 - Protective orders

Section 4954.1 - Notice on protective order

Section 4955 - Violation of orders

Section 4956 - Pretrial release

Section 4957 - Protection of employment of crime victims, family members of victims and witnesses

Section 4958 - Intimidation, retaliation or obstruction in child abuse cases