California Penal Code § 118 PC – Perjury Law: A Complete Guide

Perjury is one of the most serious offenses that can occur within the justice system. California Penal Code § 118 PC makes it a felony to knowingly give false testimony or make a false statement while under oath or under penalty of perjury. This law exists to preserve the integrity of legal proceedings and to ensure that those who testify or make declarations in official matters tell the truth.

Below is a complete, easy-to-understand overview of what this law means, what must be proven for a perjury conviction, possible defenses, penalties, and what to do if you or a loved one is accused of violating California’s perjury laws.

What California Penal Code § 118 PC Says

California’s perjury statute states that any person who, having taken an oath to testify truthfully or having made a statement under penalty of perjury, willfully states as true any material matter that they know to be false, is guilty of perjury.

In simple terms, if you are legally sworn to tell the truth and you deliberately lie about something important, you can be charged with perjury under California law.

The law also makes it clear that:

• The false statement must concern a material matter (something that matters to the case or proceeding).

• The person must know the statement is false at the time they make it.

• The prosecution cannot convict someone of perjury based solely on the word of one other person—there must be corroborating evidence or additional proof.

Elements the Prosecutor Must Prove

For a person to be convicted of perjury under Penal Code § 118 PC, the prosecutor must prove each of the following elements beyond a reasonable doubt:

1. The person was under oath or penalty of perjury.
   The defendant must have been legally required to tell the truth—this could be during a trial, a deposition, an affidavit, a sworn declaration, or any other setting where the law requires an oath or affirmation of truthfulness.

2. A false statement was made intentionally.
   The defendant must have willfully made a false statement. If someone simply made a mistake, was confused, or misunderstood the question, that is not perjury.

3. The false statement was about a material matter.
   The lie must have been significant to the outcome of the proceeding or something that could influence the decision of the court or agency. Trivial or irrelevant statements typically do not qualify.

4. The person knew the statement was false.
   It must be shown that the defendant knew the truth and chose to lie anyway. Honest mistakes or faulty memories do not meet this standard.

5. There is sufficient evidence to prove falsity.
   The law requires more than just one person’s word against another. There must be independent evidence showing that the statement was false.

What Counts as Being “Under Oath” or “Under Penalty of Perjury”?

Being “under oath” doesn’t only apply to courtroom testimony. A person may be considered under oath or penalty of perjury in many circumstances, such as:

• Sworn testimony in court (civil or criminal)

• Testimony given during a deposition

• Signing an affidavit or declaration under penalty of perjury

• Providing a sworn statement to a public agency

• Signing official certifications or forms that include a perjury declaration

It’s also worth noting that the perjury law applies even if the false statement was made outside the state, as long as it relates to a California proceeding or document.

The Meaning of a “Material” Statement

A “material” statement is one that could influence the outcome of a case, hearing, or official proceeding. It does not need to be the central issue in the case—if the statement could affect the judge’s or jury’s decision, or influence any legal process, it is material.

For example:

• Lying about your location during the time of an alleged crime could be material.

• Lying about a minor, unrelated detail (such as your favorite color) likely is not.

The distinction between material and immaterial statements often becomes a key argument in perjury cases.

Penalties for Perjury in California

Perjury is a felony offense in California. A conviction can lead to severe consequences, including:

• Up to 4 years in state prison

• A fine of up to $10,000

• Formal felony probation (in some cases)

• A permanent criminal record

Beyond the criminal penalties, a perjury conviction can also bring serious collateral consequences:

• Loss of professional licenses or credentials

• Damage to personal and professional reputation

• Immigration consequences for non-citizens

• Loss of the right to own or possess firearms

• Disqualification from holding public office in certain cases

Because perjury involves dishonesty, it is also considered a “crime of moral turpitude.” This can severely affect employment and licensing opportunities long after any sentence is served.

Common Examples of Perjury

Below are a few examples that illustrate how perjury might occur:

1. False testimony during trial: A witness swears to tell the truth but intentionally lies about a key fact while testifying.

2. False declaration in a written document: A person signs a sworn affidavit or declaration stating facts they know are false.

3. False statement in an official filing: Submitting false information on a government form that includes a certification under penalty of perjury.

4. False statement in a deposition: Lying under oath during a civil or criminal deposition about a fact that could influence the case.

Each of these examples could result in prosecution under Penal Code § 118 PC if the falsehood was intentional and material.

Possible Legal Defenses to Perjury Charges

A skilled defense attorney can use a variety of legal strategies to challenge a perjury accusation. Common defenses include:

1. Lack of Intent
   The defendant did not knowingly make a false statement. Honest mistakes, confusion, or misremembering facts are not perjury.

2. The Statement Was Not Material
   The alleged falsehood did not influence the outcome of the proceeding or relate to a significant issue.

3. Not Under Oath or Penalty of Perjury
   If the person was not legally under oath or did not sign a valid perjury declaration, the statute may not apply.

4. Insufficient Evidence
   The prosecution must prove falsity with more than one person’s testimony. If no independent proof exists, the case may not hold up.

5. Coerced or Misunderstood Statement
   If the defendant was pressured, intimidated, or confused during questioning, their statement may not have been truly voluntary or deliberate.

6. Recantation Before the Proceeding Ends
   In some circumstances, if a person corrects their false statement before the case or proceeding concludes, the prosecution may decide not to pursue charges.

Statute of Limitations

Generally, prosecutors must file a perjury charge within three years of the alleged offense. However, this period can vary depending on specific circumstances or when the false statement was discovered.

Long-Term Consequences of a Perjury Conviction

A conviction for perjury carries consequences far beyond the courtroom:

• Employment Impact: Employers are often reluctant to hire individuals with felony convictions, particularly those involving dishonesty.

• Professional Licensing Issues: Doctors, lawyers, real-estate agents, contractors, and other licensed professionals may lose their credentials.

• Immigration Risks: For non-citizens, a felony conviction can result in deportation or denial of re-entry into the U.S.

• Firearm Restrictions: A perjury conviction removes the right to own or possess firearms in California.

• Reputational Harm: Being labeled as someone who lied under oath can damage your credibility for life.

How to Protect Yourself

If you are called to testify, sign an affidavit, or make any declaration under penalty of perjury, it is crucial to:

1. Tell the truth at all times.

2. Ask for clarification if you don’t understand a question.

3. Avoid guessing—say “I don’t remember” or “I’m not sure” when appropriate.

4. Consult with an attorney before signing any statement or declaration under penalty of perjury.

5. Seek legal help immediately if you believe you might have made an inaccurate statement.

Even a single false statement—if intentional—can have life-changing consequences. However, an experienced attorney can often prevent misunderstandings from escalating into criminal charges.

Frequently Asked Questions

Is perjury only committed in court?
No. Perjury can occur in any setting where a person is under oath or signs a document under penalty of perjury, including written declarations, affidavits, or administrative hearings.

Can I be charged for something I said by mistake?
Not usually. Perjury requires intent. If you genuinely believed your statement was true, that is a strong defense.

Can I be convicted if only one person says I lied?
No. The law requires more than one person’s testimony. There must be additional evidence proving your statement was false.

What if the false statement was made outside California?
You can still be charged if the statement was connected to a California case, proceeding, or document.

Can a perjury conviction be expunged?
Possibly, but eligibility depends on whether you served a state prison sentence or received probation. Your attorney can help determine if expungement is available in your situation.

Why the Perjury Law Exists

California’s perjury statute serves a vital role in maintaining the credibility of the justice system. Courts, government agencies, and public officials rely on the truthfulness of sworn statements to make fair and accurate decisions. When someone lies under oath, it undermines public confidence and can result in wrongful outcomes.

This is why California treats perjury as a serious felony. It’s not just about punishing dishonesty—it’s about protecting the integrity of the judicial process and ensuring that justice is based on truth.

Final Thoughts

California Penal Code § 118 PC makes it clear: lying under oath or under penalty of perjury is a felony that carries heavy penalties and lifelong consequences. But not every false statement is perjury—intent, knowledge, and materiality all matter.

If you’ve been accused of perjury or believe you are under investigation, it’s critical to speak with a qualified defense attorney as soon as possible. A criminal defense lawyer can analyze the facts, identify weaknesses in the prosecution’s case, and work toward protecting your rights, your record, and your future.

Call to Action – Contact Southwest Legal Today

Facing a perjury charge or investigation can feel overwhelming. You don’t have to navigate it alone. Southwest Legal has years of experience defending clients throughout Southern California against complex criminal charges, including perjury and related offenses. Our team understands how prosecutors build these cases—and we know how to challenge them. We’ll review your situation, explain your legal options, and fight to secure the best possible outcome for you. Call us today for a free, confidential consultation and start protecting your rights and your reputation.