False or inconsistent statements.

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  • (1) Except as provided in Subsection (2), a person is guilty of a class B misdemeanor if:
    • (a) the person makes a false statement under oath or affirmation or swears or affirms the truth of the statement previously made and the person does not believe the statement to be true if:
      • (i) the falsification occurs in an official proceeding, or is made with a purpose to mislead a public servant in performing the public servant's official functions; or
      • (ii) the statement is one that is authorized by law to be sworn or affirmed before a notary or other person authorized to administer oaths; or
    • (b) the person makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by the person to be true.
  • (2) Subsection (1) does not include obstructing a legislative proceeding, as described in Section 36-12-9.5.
  • (3) A person is not guilty under this section if the person retracts the falsification before it becomes manifest that the falsification has been or will be exposed.




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