Official Proceeding in Perjury FSS 837 Josh Test
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Questions and Answers

What does 'official proceeding' mean as defined in Chapter 837 perjury?

  • A meeting of a social club
  • A gathering for private discussions
  • Before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath (correct)
  • An informal conference among friends

What does an 'oath' include as per legal definitions?

  • testify truthfully in an official proceeding (correct)
  • gather evidence without bias
  • process legal documents correctly
  • determine the outcome of a case

Whoever makes a false statement, which he or she does not believe to be true, under oath, not in an official proceeding, in regard to any material matter shall be guilty of a?

  • felony of the second degree
  • misdemeanor of the first degree (correct)
  • civil offense
  • misdemeanor of the third degree

Knowledge of the materiality of the statement is ______ of this crime, and the defendant’s mistaken belief that his or her statement was not material is ____?

<p>not an element (A), not a defense (B)</p> Signup and view all the answers

Except as provided in subsection (2), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a?

<p>felony of the third degree (B)</p> Signup and view all the answers

Whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding that relates to the prosecution of a capital felony, commits a?

<p>felony of the second degree (B)</p> Signup and view all the answers

Perjury by contradictory statements. Except as provided in subsection (2), whoever, in one or more official proceedings, willfully makes two or more material statements under oath which contradict each other, commits a?

<p>felony of the third degree (A)</p> Signup and view all the answers

Whoever, in one or more official proceedings that relate to the prosecution of a capital felony, willfully makes two or more material statements under oath which contradict each other, commits a?

<p>felony of the second degree (C)</p> Signup and view all the answers

What crime does a person commit when they knowingly provide false information to a law enforcement officer about the alleged commission of any crime?

<p>misdemeanor of the first degree (B)</p> Signup and view all the answers

A person who commits False reports to law enforcement authorities if the person has previously been convicted of the same and The information the person gave to the law enforcement officer was communicated orally and the officer’s account of that information is corroborated by _________ commits a felony of the third degree.

<p>An audio recording or audio recording in a video (A), A written or recorded statement made by the person who gave that information (B), Another person who was present when that person gave that information to the officer (C), The information the person gave to the law enforcement officer was communicated in writing (D)</p> Signup and view all the answers

A person who knowingly gives false information to a law enforcement officer concerning the alleged commission of a capital felony, commits a?

<p>Felony of the third degree (A)</p> Signup and view all the answers

Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation with the intent to mislead the officer or impede the investigation commits a?

<p>Misdemeanor of the first degree (A)</p> Signup and view all the answers

Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation involving a child 16 years of age or younger with the intent to mislead the officer or impede the investigation, and the child who is the subject of the investigation suffers great bodily harm, permanent disability, permanent disfigurement, or death, commits a?

<p>felony of the third degree (A)</p> Signup and view all the answers

Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a?

<p>Misdemeanor of the second degree (A)</p> Signup and view all the answers

Recantation shall be a defense to any prosecution for perjury or false statement only if the person making the false statement admits such statement to be false in the same continuous proceeding or matter, and?

<p>The false statement has not substantially affected the proceeding (A), Such admission is made before it has become manifest that such false statement has been or will be exposed (B)</p> Signup and view all the answers

Study Notes

Definition of Official Proceeding

  • An 'official proceeding' refers to a formal legal process where statements made under oath are subject to scrutiny.

Definition of an Oath

  • An 'oath' includes any solemn promise or affirmation to tell the truth, often taken in legal settings, ensuring accountability.

Laws Regarding False Statements

  • Providing a false statement, under oath but not during an official proceeding, regarding a material matter results in a crime.
  • Knowledge of the materiality of the statement is a crucial element of the crime, but a mistaken belief about materiality does not absolve guilt.

Perjury in Official Proceedings

  • Making a false statement under oath during an official proceeding about a material matter constitutes perjury.
  • If the false statement pertains to the prosecution of a capital felony, it carries a more serious charge.

Perjury by Contradictory Statements

  • Willfully making two or more contradictory statements under oath in official proceedings is classified as perjury.
  • This also applies in cases relating to the prosecution of capital felonies.

False Reports to Law Enforcement

  • Providing knowingly false information to law enforcement about any crime is a punishable offense.
  • If previously convicted of similar false reporting, the crime escalates to a third-degree felony if the officer corroborates the information.

False Information Regarding Capital Felonies

  • Knowingly giving false information concerning a capital felony is subject to criminal charges, reflecting the severity of such offenses.

Impact on Investigations

  • Intentionally misleading law enforcement in a missing person or felony investigation is a crime.
  • Misleading actions involving a child under 16 that result in serious harm or death are treated with utmost severity.

Misleading Written Statements

  • Making false written statements with the intention to mislead a public servant is a criminal act.

Recantation Defense

  • Recantation (the act of retracting a statement) can be a defense against perjury or false statement charges only if the admission occurs within the same proceeding or matter.

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Description

This quiz explores the concept of 'official proceeding' as outlined in Chapter 837 on perjury. Understand the legal language and implications surrounding this term to enhance your knowledge in law. Perfect for those seeking clarity on legal definitions.

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