SPECIFIC PENAL CODES LAW — CALIFORNIA
Perjury Laws in California — PC §118
Perjury under PC §118 is willfully making a false statement under oath in a legal proceeding. It is a felony carrying 2–4 years in state prison. Subornation of perjury — inducing another to commit perjury — is also a felony under PC §127.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney
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Perjury California — At a Glance
- Law / Code
- PC §118 / PC §127
- Classification
- Felony
- Maximum Penalty
- 2, 3, or 4 years state prison
- Probation Eligible
- Yes
- Strike Offense
- No
What Is Perjury California Under California Law?
Legal Framework. Perjury under Penal Code § 118 occurs when a person, having taken an oath or declaration to testify, declare, depose, or certify truthfully before a competent tribunal, officer, or person, willfully states as true a material matter that the person knows to be false. The statute also reaches written declarations made under penalty of perjury. The prosecution must prove more than an inaccurate statement: the statement must concern a material matter, meaning one capable of influencing the proceeding or investigation, and the speaker must know it is false when made. A person who genuinely remembers events differently, misunderstands a question, guesses, or is mistaken has not necessarily committed perjury. PC § 118 applies in court testimony, depositions, sworn affidavits, declarations, and other authorized oath-based proceedings.
The Prosecution's Burden. Perjury is a straight felony in California, not a wobbler. Under PC § 126, a conviction is punishable by imprisonment in state prison for two, three, or four years. A prosecution ordinarily must be brought within three years under PC § 801, although the limitations analysis can become more complicated when the alleged false oath is tied to another offense or a later-discovered scheme. The charging document should identify the particular sworn statement alleged to be false, the proceeding in which it was made, and the allegedly true facts. Perjury cases often arise from testimony at criminal or civil hearings, declarations filed with a court, Department of Motor Vehicles paperwork, administrative proceedings, immigration-related filings, and statements made under penalty of perjury in public records or official applications.
Potential Consequences. PC § 127 separately criminalizes subornation of perjury: willfully procuring another person to commit perjury. It carries the same felony punishment specified in PC § 126. The prosecution must prove more than that someone else later gave false testimony; it must establish that the accused intentionally induced or caused that person to make a knowingly false, material statement under oath. Perjury is also different from PC § 132, which concerns offering false evidence, and PC § 134, which concerns preparing false documentary evidence for use as genuine. A witness whose statement is merely inconsistent with an earlier account may face impeachment, but inconsistency alone does not prove knowing falsity. In practice, prosecutors frequently investigate alleged perjury alongside fraud, obstruction-related allegations, false filings, or benefit and licensing cases.
05 — Defense Strategies
How Rubin Law Defends Perjury California Charges
Rubin Law, P.C. attacks the elements of PC §118 / PC §127 and drives outcomes that avoid conviction where possible.
No Knowing Falsehood
The central issue in many PC § 118 cases is the speaker’s state of mind at the moment of the oath or declaration. Perjury requires a willful statement of something the person knew was false; it does not punish poor memory, confusion, misunderstanding, careless wording, an estimate, or a good-faith belief that later proves wrong. The defense closely compares the precise question asked, the answer given, contemporaneous records, prior statements, and circumstances affecting perception or recollection. If the evidence leaves a reasonable doubt whether the statement was knowingly false rather than mistaken, the required mental state is not established.
U.S. Const. amend. IV
Immaterial Statement
A false statement must concern a material matter to support a perjury conviction. Materiality generally turns on whether the statement could have influenced the outcome or course of the proceeding, investigation, or decision-making process; a trivial collateral detail is not enough. The defense identifies the actual issue before the court, agency, or official and tests whether the alleged lie had any legitimate capacity to affect it. This is especially important in depositions, declarations, and administrative forms, where prosecutors may emphasize a disputed detail while overlooking the limited purpose of the proceeding. A statement that was irrelevant to the authorized decision cannot satisfy PC § 118.
17 CCR §1219.3
Defective Oath or Unauthorized Proceeding
PC § 118 applies only when the statement was made after a lawful oath or declaration in a setting authorized by law. The prosecution must prove the oath, the authority of the officer or person administering it, and the legal basis for treating the statement as sworn. Defense counsel examines the transcript, jurat, declaration language, notarial certificate, hearing notice, and governing procedure. Missing penalty-of-perjury language, an improperly documented oath, an unsworn interview, or uncertainty about who administered the oath can defeat an essential statutory element. A statement made to police or investigators is not perjury merely because it was false unless it was actually made under a qualifying oath or declaration.
NHTSA SFST
Ambiguity, Literal Truth, and Context
Perjury cannot rest on a prosecutor’s preferred interpretation of an unclear question or a stripped-down reading of an answer. The defense evaluates the entire exchange: what the examiner asked, definitions used, follow-up questions, the witness’s understanding, and whether the answer was literally true in a reasonable sense. Questions involving dates, ownership, relationships, intent, frequency, or terms such as “know,” “live,” and “income” can carry multiple meanings. If an answer was responsive to one fair reading of an ambiguous question, or technically true despite sounding misleading, the prosecution may be unable to prove a knowingly false statement beyond a reasonable doubt.
VC §23152
Insufficient Proof of Falsity
A perjury allegation often rests on competing witness accounts, a later recantation, or records that are open to interpretation. The defense attacks the reliability of the claimed “truth” through source verification, authentication challenges, timeline analysis, bias evidence, and examination of incomplete records. California law historically requires more than an uncorroborated contradiction by a single witness to establish perjury; the prosecution must present proof sufficient to establish falsity beyond a reasonable doubt. A prior inconsistent statement may be powerful impeachment evidence, but it is not automatically proof that the sworn statement was knowingly false. Demonstrating uncertainty in the underlying facts can undermine the entire charge.
17 CCR §1219.1
No Intentional Procurement Under PC § 127
For subornation of perjury under PC § 127, the prosecution must prove an intentional effort to procure another person’s commission of perjury. Mere presence, friendship, legal advice to testify truthfully, discussion of possible testimony, or knowledge that another person might lie does not by itself establish that the defendant induced a knowingly false material oath. The defense analyzes messages, calls, meeting records, and the alleged witness’s motives for blaming someone else. Where the supposed inducement is vague, conditional, or equally consistent with lawful preparation for testimony, the state may not be able to prove the specific intent required for subornation.
VC §23103.5
Constitutional Sources: Fourth Amendment — U.S. Constitution
Questions
Frequently Asked — Perjury California
What is the punishment for perjury under PC § 118?
Perjury under Penal Code § 118 is a felony. Penal Code § 126 provides a state-prison term of two, three, or four years. Unlike many California offenses, perjury is not a wobbler that may be charged as either a misdemeanor or felony. Sentencing can also involve formal felony probation where legally appropriate, but that is a sentencing decision, not a reduction of the charge to a misdemeanor. A conviction can carry substantial collateral consequences, including damage to professional licensing, immigration exposure for noncitizens, credibility problems in later litigation, and possible employment consequences where honesty or fiduciary duties matter. The factual setting also matters because prosecutors may file related fraud, false-document, or obstruction-type charges.
Can I be convicted if my testimony was inconsistent with something I said before?
No. An inconsistency does not automatically prove perjury. To convict under PC § 118, the prosecution must prove that you willfully stated a material matter as true while knowing it was false. Witnesses can give different accounts because memory changes, earlier statements were incomplete, questions were phrased differently, they misunderstood a question, or they had limited information at one point. A prosecutor must establish which statement was false and prove your knowledge of its falsity when you made it. The context of both statements is critical. A prior police interview, deposition, preliminary hearing transcript, and later trial testimony may use different terms and address different time periods or facts.
Does a false statement to police count as perjury in California?
Usually not by itself. A knowingly false statement to a police officer is not automatically perjury because PC § 118 requires a qualifying oath or declaration. An unsworn field interview or detective interview does not satisfy that element simply because an officer warned that lying is unlawful. But a signed declaration made under penalty of perjury, sworn testimony in court, a properly sworn affidavit, or other authorized oath-based statement can support a perjury allegation if the remaining elements are proven. Depending on the facts, police may instead investigate other statutes, such as Penal Code § 148.5 for knowingly making a false report of a crime, or Penal Code § 148.3 for certain false emergency reports.
What does “material” mean in a California perjury case?
Material means the alleged false statement had a legitimate capacity or tendency to influence the outcome, course, or decision-making of the proceeding or matter in which it was made. It does not need to have actually changed the result. For example, a false statement about identity, a material transaction, financial eligibility, an alibi, or a key event may be material if it could affect the tribunal’s or agency’s decision. By contrast, an error about an insignificant collateral detail may not qualify. Materiality must be evaluated in the actual context of the hearing, declaration, application, or investigation. The defense can argue that a statement was irrelevant, cumulative, or incapable of affecting the authorized decision.
What is subornation of perjury under PC § 127?
Subornation of perjury under Penal Code § 127 means willfully procuring another person to commit perjury. It is a felony and is punished under PC § 126 by two, three, or four years in state prison. The prosecution must prove that another person committed perjury and that the accused intentionally induced or caused that false, material, sworn statement. It is not enough that two people discussed testimony, that one person hoped another would be helpful, or that the witness later gave an inaccurate account. Text messages, recorded calls, witness cooperation agreements, and credibility disputes frequently become central. A witness who receives favorable treatment or has a motive to shift blame must be carefully examined.
What should I do if I am contacted about an alleged false declaration or testimony?
Do not try to explain, correct, delete, or coordinate accounts before getting legal advice. A later correction can be relevant, but it does not automatically eliminate exposure, and an impulsive conversation with LAPD, LASD, an investigator, or a prosecutor can create additional evidence. Preserve the original declaration, emails, messages, filing records, hearing notices, and any transcript. A defense lawyer can determine whether the statement was actually sworn, whether the wording was material, whether the question was ambiguous, and whether the evidence proves knowing falsity. If you have received a subpoena, target letter, interview request, or a court date in Los Angeles County, call Rubin Law, P.C. at (213) 723-2337 before making a substantive statement.
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