26.11.300 Perjury in the Second Degree

(a) It shall be unlawful for any person, with the purpose to mislead a public servant in performing his/her official function, to:

(1) Make a written false statement which he/she does not believe to be true;

(2) Purposely create a false impression in a written statement for any benefit by omitting information necessary to prevent statements therein from being misleading;

(3) Submit or invite trust on any writing which he/she knows to be forged, altered or otherwise lacking in authenticity; or

(4) Submit or invite trust on any sample, specimen, map, boundary mark, or other object which he/she knows to be false.

(b) A person is guilty of perjury in the second degree and shall be guilty of a Class [3] three offense if he/she makes a false statement which he does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.

(c) It is no defense to prosecution under this section that the oath or affirmation was conducted or taken in an irregular manner or that the declarant was not competent to make the statement. A document professing to be made on oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed.

(d) No person shall be guilty of an offense under this section if he/she retracted the falsification in the course of the proceeding in which it was made before it became important that the falsification was or would be exposed and before the falsification substantially affected the proceeding.

(e) No person shall be convicted of an offense under this section where proof of deceitfulness rests solely upon contradiction by testimony of a single person other than the defendant.