“False Swearing” in Colorado – Is it the same as perjury?

False swearing is a less serious Colorado offense than perjury. False swearing is just a petty offense, whereas a perjury law violation can be a felony or a misdemeanor.

Both criminal charges involve knowingly lying under oath. However, perjury requires that the lie occurs at an official proceeding or with the intention to mislead a public servant. In contrast, false swearing is lying under oath in any other circumstance.

The following table compares the penalties for false swearing with those of 1st-degree perjury and 2nd-degree perjury.

First-Degree Perjury

First-degree perjury (C.R.S. 18-8-502) is knowingly making a materially false statement at an official proceeding in Colorado. Examples of official proceedings include:

• county court trials,
• district court depositions,
• grand jury proceedings, or
• other judicial proceedings.”¹

Under Colorado law, a “materially false statement” is defined as:

A false assertion that affects the action, conduct, or decision of the person who receives or is intended to receive the asserted information in a manner that directly or indirectly benefits the person making the assertion.²

Materiality means that the lie must be intended to affect the proceeding somehow and benefit the person telling the lie. A material statement is different than minor untruths or misleading statements that do not affect or benefit anyone.

Note that you cannot claim your Fifth Amendment right against self-incrimination once you are on the witness stand. Therefore, if you fear you will give false testimony about a material fact, you should avoid testifying at all. 1st-degree perjury is a class 4 felony, carrying:

• 2 to 6 years in Colorado State Prison, and
• $2,000 to $500,000 in fines.³

Second-Degree Perjury

In Colorado, second-degree perjury (C.R.S. 18-8-503) is knowingly making a materially false statement in order to mislead a public servant in the performance of their duty. ³ Examples of second-degree perjury may include:

• lying about looking for work on an unemployment application, or
• lying on an affidavit “under penalty of perjury” in an application for a professional license.

These “material fabrications” could influence these state agencies to give the person telling the lie benefits and employment despite being ineligible. 2nd-degree perjury is a class 2 misdemeanor punishable by:

• up to 120 days in county jail and/or
• up to $750 in fines.⁴

False Swearing

Like the Colorado crime of perjury, false swearing is knowingly making a materially false statement under oath. However, the context is different. There are no court or other official proceedings or public servants involved.

An example of false swearing could be giving false information on job applications to private businesses that require the applicant to “swear” that all the information they give is correct.

The penalty for perjury is much harsher than for false swearing. A petty offense, false swearing carries up to 10 days in jail and/or up to $300 in fines.⁵

Record Seals

If the false swearing or perjury case gets dismissed, then you can pursue a Colorado criminal record seal right away. Otherwise, there is a wait time:⁶

Learn how to seal a Colorado criminal case.

Frequently Asked Questions

Can I be charged with false swearing for lying on a notarized document?

Possibly. A notarized document alone is not enough. The statement generally must have been made under an oath or affirmation authorized by law, and the false statement must be material. If those requirements are met, prosecutors may pursue a false swearing charge.

Is false swearing the same thing as perjury in Colorado?

No. Both crimes involve making materially false statements under oath, but perjury usually applies in specific situations defined by Colorado law, such as false testimony in an official proceeding. False swearing generally covers materially false sworn statements that do not fall within the perjury statutes.

What does “materially false” mean?

A statement is material if it could affect a government decision, legal proceeding, investigation, or other matter where the sworn statement is being used. Minor mistakes, misunderstandings, or insignificant inaccuracies generally are not enough to support a false swearing conviction.

Can I be charged with false swearing for mistakes on government forms?

Usually not if the mistake was accidental. Prosecutors generally must prove that you knowingly made a materially false statement under oath. Good-faith mistakes, misunderstandings, and clerical errors can be important defenses.

Can false swearing charges arise from DMV paperwork?

Yes. Some Colorado DMV forms require sworn statements. Knowingly providing materially false information on a sworn DMV document may expose a person to criminal liability.

Can I be charged with false swearing for a false affidavit?

Yes. Affidavits are commonly signed under oath. If an affidavit contains a materially false statement that the signer knew was false, prosecutors may consider filing false swearing or another related charge.

What are the defenses to a Colorado false swearing charge?

Common defenses include:

• The statement was true;
• The statement was not material;
• The statement was not made under a legally authorized oath;
• You did not knowingly make a false statement; or
• The prosecution lacks sufficient evidence.

Every case depends on its specific facts.

Will a false swearing conviction appear on a background check?

Yes. Unless the record is sealed, a conviction can appear in criminal background checks conducted by employers, landlords, licensing agencies, and others.

Can a false swearing conviction be sealed in Colorado?

In many cases, yes. Eligibility depends on the outcome of the case, the type of conviction, and the amount of time that has passed. A criminal defense lawyer can evaluate whether a particular record qualifies for sealing.

Can non-citizens face immigration consequences for false swearing?

Potentially. Although false swearing is a relatively minor offense under Colorado law, any criminal conviction can have immigration consequences in some circumstances. Non-citizens should consult both a criminal defense attorney and an immigration attorney before accepting a plea agreement.

What happens if I correct a false statement before it is discovered?

Promptly correcting a statement may help in some situations, but it does not automatically prevent criminal charges. Whether a correction affects the case depends on the timing, circumstances, and applicable law.

Can I be arrested for signing a false financial disclosure?

Potentially. Financial affidavits used in court proceedings, government applications, and other legal matters are often signed under oath. Knowingly providing materially false information could lead to criminal charges.

What is the difference between false swearing and false reporting?

False swearing involves making a materially false statement under oath. False reporting generally involves knowingly providing false information to law enforcement or emergency personnel, whether or not the statement was made under oath.

Can I be charged if two sworn statements contradict each other?

Possibly. Colorado law contains provisions dealing with inconsistent sworn statements. In some situations, prosecutors may rely on conflicting sworn statements as evidence that one of them was false.

Do prosecutors have to prove I intended to deceive someone?

Not necessarily. The prosecution generally must prove that you knowingly made a materially false statement under oath. Whether there was a separate intent to deceive may depend on the specific charge and circumstances.

Additional Reading

For more in-depth information, our Denver criminal defense attorneys suggest you refer to these scholarly articles:

• Lying, Misleading, and Falsely Denying: How Moral Concepts Inform the Law of Perjury, Fraud, and False Statements – Hastings Law Journal.
• Summary Power of Courts to Punish Perjury and False Swearing as Contempt – California Law Review.
• You Do Solemnly Swear or that Perjury Problem – American Institute of Criminal Law & Criminology.

Also see our related articles, Tampering with physical evidence (C.R.S. 18-8-610) and What is Colorado’s statute of limitations for perjury?

Legal References