New Jersey Perjury and Unsworn Falsification Charges

New Jersey splits lying to the government into three separate crimes under Chapter 28 of the criminal code. Perjury is a third-degree crime, false swearing is a fourth-degree crime, and unsworn falsification to authorities is either a fourth-degree crime or a disorderly persons offense depending on how it was committed. The distinctions between New Jersey perjury and false swearing charges — and the lesser falsification charge that sits beneath them — turn on whether the statement was made under oath, whether it was made in an official proceeding, and whether it appeared on a form that warned about the penalty for lying.

Perjury

Perjury under N.J.S.A. 2C:28-1 is the top offense in the group. It applies when a person makes a false statement under oath or equivalent affirmation during an official proceeding, the statement is material, and the person does not believe it is true.1Justia. New Jersey Code 2C:28-1 – Perjury Trial testimony is the obvious example, but the statute reaches grand jury proceedings, depositions, and any other setting where the law authorizes an oath.

The focus is on what the speaker believed when they spoke. A statement that turns out to be wrong is not perjury if the witness believed it was accurate at the time. The prosecution has to show the person consciously stated something they did not believe to be true at that moment. Honest error and faulty memory are not crimes.

Signed documents count too. Affidavits, verified complaints, and other sworn filings carry the same weight as live testimony. Signing a document that acknowledges it is made under oath or penalty of perjury puts you on the same footing as a witness on the stand.

False Swearing

False swearing under N.J.S.A. 2C:28-2 is a fourth-degree crime. The oath element is the same as perjury, but the setting is different: false swearing covers sworn statements made outside of an official proceeding.2Justia. New Jersey Code 2C:28-2 – False Swearing A notarized affidavit submitted to a private party, or a sworn statement given outside of a courtroom or formal hearing, falls here rather than under perjury.

The materiality requirement does not apply to false swearing in the same way it applies to perjury. Both offenses share the retraction defense and the corroboration rule discussed below.

Unsworn Falsification to Authorities

N.J.S.A. 2C:28-3 covers lies to the government that are not made under oath. It splits into two offenses graded differently.

The fourth-degree version applies to written false statements made on official forms that carry a printed notice warning that false statements are punishable. Government applications are the common trigger: forms for benefits, firearms permits, professional licenses, or tax filings bearing language like “I certify the above is true under penalty of law.” Writing something you do not believe is true on that form is a fourth-degree offense whether or not you raised your hand and swore an oath.3Justia. New Jersey Code 2C:28-3 – Unsworn Falsification to Authorities

The disorderly persons version reaches a broader range of conduct aimed at misleading a public servant who is performing official duties. It covers false statements, misleading documents, and omissions made with the purpose of influencing the official’s decision.3Justia. New Jersey Code 2C:28-3 – Unsworn Falsification to Authorities There is no requirement that the lie appear on a form with a penalty notice. Informal lies to police officers, code enforcement officials, or any other public servant in the course of their work can be charged here.

Materiality in Perjury Cases

A perjury charge requires that the false statement be material. A statement is material if it could have affected the course or outcome of the proceeding, whether or not it would have been admissible under the rules of evidence.1Justia. New Jersey Code 2C:28-1 – Perjury

Materiality is decided by the judge, not the jury. That makes it a threshold question that can end a prosecution early. If the judge finds the specific false statement had no realistic capacity to influence the proceeding, the perjury charge fails before the jury hears the case.1Justia. New Jersey Code 2C:28-1 – Perjury

How the State Proves These Cases

Two statutory rules shape how perjury and false swearing cases are built.

The first is the corroboration requirement. A person cannot be convicted of perjury when the only evidence of falsity is the contradictory testimony of a single other witness.1Justia. New Jersey Code 2C:28-1 – Perjury The state needs something more: documents, recordings, physical evidence, or testimony from additional witnesses. A bare swearing contest between two people is not enough to support a conviction. The same requirement applies to false swearing.2Justia. New Jersey Code 2C:28-2 – False Swearing

The second rule cuts the other way. The false swearing statute lets prosecutors charge based on inconsistent sworn statements without having to prove which one was the lie. If a person makes two contradictory statements under oath within the limitations period, the state can present both and argue that one of them must have been false and not believed by the defendant to be true.2Justia. New Jersey Code 2C:28-2 – False Swearing This removes the sometimes-impossible task of identifying which occasion was dishonest.

Retraction Defense

Retraction is an affirmative defense to both perjury and false swearing. To use it, the person must take back the false statement during the same proceeding in which it was made, before the proceeding ends, and before the lie has caused irreparable harm to any party.1Justia. New Jersey Code 2C:28-1 – Perjury

All three conditions have to be met. Correcting the false testimony weeks later in a different hearing does not qualify. Recanting after someone has already been harmed by the lie does not qualify either. Because retraction is an affirmative defense, the defendant carries the burden of proving it.

Penalties

Collateral Consequences

A conviction for any of these offenses creates a permanent criminal record that follows a person through employment background checks, professional licensing decisions, and housing applications. Because the offenses are dishonesty crimes at their core, they carry particular weight in any context where trustworthiness is at issue.

Licensed professionals face additional exposure. A conviction can trigger disciplinary proceedings, suspension, or revocation by the state licensing board. Attorneys, doctors, accountants, and others whose licenses depend on fitness to practice can lose them over a dishonesty conviction.

Noncitizens face immigration risk. Perjury may be classified as an aggravated felony for immigration purposes if the sentence imposed is at least one year, and it may also qualify as a crime involving moral turpitude. Either classification can lead to deportation or bar future immigration relief. Anyone who is not a U.S. citizen and is facing one of these charges should consult an immigration attorney alongside a criminal defense lawyer.

Statute of Limitations

New Jersey applies a five-year statute of limitations to indictable offenses, which includes perjury, false swearing, and the fourth-degree version of unsworn falsification.6Justia. New Jersey Code 2C:1-6 – Time Limitations The clock runs from the date of the offense, and prosecution must be commenced by indictment within that window. The disorderly persons version of unsworn falsification carries a shorter period because it is a non-indictable offense. Once the applicable period expires, the state loses the ability to bring charges no matter how strong the evidence.