Part IV · Punitive Articles

Article 131. Perjury · MCM ¶ 81

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute. Any person subject to this chapter who in a judicial proceeding or in a course of justice willfully and corruptly—
(1) upon a lawful oath or in any form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry; or
(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, subscribes any false statement material to the issue or matter of inquiry; is guilty of perjury and shall be punished as a court-martial may direct.
(b) Elements.
(1) Giving false testimony.
(a) That the accused took an oath or affirmation in a certain judicial proceeding or course of justice;
(b) That the oath or affirmation was administered to the accused in a matter in which an oath or affirmation was required or authorized by law;
(c) That the oath or affirmation was administered by a person having authority to do so;
(d) That upon the oath or affirmation that accused willfully gave certain testimony;
(e) That the testimony was material;
(f) That the testimony was false; and
(g) That the accused did not then believe the testimony to be true.
(2) Subscribing false statement.
(a) That the accused subscribed a certain statement in a judicial proceeding or course of justice;
(b) That in the declaration, certification, verification, or statement under penalty of perjury, the accused declared, certified, verified, or stated the truth of that certain statement;
(c) That the accused willfully subscribed the statement;
(d) That the statement was material;
(e) That the statement was false; and
(f) That the accused did not then believe the statement to be true.
(c) Explanation.
(1) In general. Judicial proceeding includes a trial by court-martial, and course of justice includes preliminary hearings conducted under Article 32. If the accused is charged with having committed perjury before a court-martial, it must be shown that the court-martial was duly constituted.
(2) Giving false testimony.
(a) Nature. The testimony must be false and must be willfully and corruptly given; that is, it must be proved that the accused gave the false testimony willfully and did not believe it to be true. A witness may commit perjury by testifying to the truth of a matter when in fact the witness knows nothing about it at all or is not sure about it, whether the thing is true or false in fact. A witness may also commit perjury in testifying falsely as to a belief, remembrance, or impression, or as to a judgment or opinion. It is no defense that the witness voluntarily appeared, that the witness was incompetent as a witness, or that the testimony was given in response to questions that the witness could have declined to answer.
(b) Material matter. The false testimony must be with respect to a material matter, but that matter need not be the main issue in the case. Thus, perjury may be committed by giving false testimony with respect to the credibility of a material witness or in an affidavit in support of a request for a continuance, as well as by giving false testimony with respect to a fact from which a legitimate inference may be drawn as to the existence or nonexistence of a fact in issue.
(c) Proof. The falsity of the allegedly perjured statement cannot be proved by circumstantial evidence alone, except with respect to matters which by their nature are not susceptible of direct proof. The falsity of the statement cannot be proved by the testimony of a single witness unless that testimony directly contradicts the statement and is corroborated by other evidence either direct or circumstantial, tending to prove the falsity of the statement. However, documentary evidence directly disproving the truth of the statement charged to have been perjured need not be corroborated if: the document is an official record shown to have been well known to the accused at the time the oath was taken; or the documentary evidence originated from the accused—or had in any manner been recognized by the accused as containing the truth—before the allegedly perjured statement was made.
(d) Oath. The oath must be one recognized or authorized by law and must be duly administered by one authorized to administer it. When a form of oath has been prescribed, a literal following of that form is not essential; it is sufficient if the oath administered conforms in substance to the prescribed form. Oath includes an affirmation when the latter is authorized in lieu of an oath.
(e) Belief of accused. The fact that the accused did not believe the statement to be true may be proved by testimony of one witness without corroboration or by circumstantial evidence.
(3) Subscribing false statement. See subparagraphs
(1) and (2), above, as applicable. Section 1746 of title 28, United States Code, provides for subscribing to the truth of a document by signing it expressly subject to the penalty for perjury. The signing must take place in a judicial proceeding or course of justice—for example, if a witness signs under penalty of perjury summarized testimony given at an Article 32 preliminary hearing. It is not required that the document be sworn before a third party. Section 1746 does not change the requirement that a deposition be given under oath or alter the situation where an oath is required to be taken before a specific person.
(d) Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
(e) Sample specification s.
(1) Giving false testimony. In that __________ (personal jurisdiction data), having taken a lawful (oath) (affirmation) in a (trial by __________ court-martial of __________) (trial by a court of competent jurisdiction, to wit: __________ of __________) (deposition for use in a trial by __________ of __________) (__________) that (he) (she) would (testify) (depose) truly, did, (at/on board— location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, willfully, corruptly, and contrary to such (oath) (affirmation), (testify) (depose) falsely in substance that __________, which (testimony) (deposition) was upon a material matter and which (he) (she) did not then believe to be true.
(2) Subscribing false statement. In that __________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, in a (judicial proceeding) (course of justice), and in a (declaration) (certification) (verification) (statement) under penalty of perjury pursuant to section 1746 of title 28, United States Code, willfully and corruptly subscribed a false statement material to the (issue) (matter of inquiry), to wit: __________, which statement was false in that __________, and which statement (he) (she) did not then believe to be true.
Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

DD, TF, 5 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), having taken a lawful (oath) (affirmation) in a (trial by __________ court-martial of __________) (trial by a court of competent jurisdiction, to wit: __________ of __________) (deposition for use in a trial by __________ of __________) (__________) that (he) (she) would (testify) (depose) truly, did, (at/on board—location), on or about __________, willfully, corruptly, and contrary to such (oath) (affirmation), (testify) (depose) falsely in substance that __________, which (testimony) (deposition) was upon a material matter and which (he) (she) did not then believe to be true.

Elements

(1) That (state the time and place alleged), the accused (took an oath) (made an affirmation) in a (judicial proceeding) (course of justice), that is: (state the judicial proceeding or course of justice alleged);

(2) That the (oath) (affirmation) was administered to the accused in a (matter) (___________) in which an (oath) (affirmation) was (required) (authorized) by law;

(3) That the (oath) (affirmation) was administered by a person having the authority to do so;

(4) That upon such (oath) (affirmation) the accused willfully gave certain testimony, namely: (set forth the testimony alleged);

(5) That the testimony was material;

(6) That the testimony was false; and

(7) That the accused did not then believe the testimony to be true.

Definitions & other instructions

(A “judicial proceeding” includes a properly constituted court-martial.)

(A “course of justice” includes a preliminary hearing conducted under Article 32, UCMJ.)

(An “oath” is a pledge that binds the person to speak the truth.)

(An “affirmation” is a solemn and formal, external pledge, binding upon one’s conscience, that the truth will be stated.)

“Material” means important to the issue or matter of inquiry, but that matter need not be the main issue in the case.

NOTE 2. Corroboration instruction. When an instruction on corroboration is requested or otherwise appropriate, the judge should carefully tailor the following to include only instructions applicable to the case. Subparagraphs (1), (2), or a combination of (1) and (2) may be given, as appropriate:

As to the sixth element of this offense, there are special rules for proving the falsity of a statement in perjury trials. Falsity can be proven by testimony or documentary evidence by:

(1) The testimony of a witness which directly contradicts the statement described in the specification, as long as the witness’s testimony is corroborated or supported by the testimony of at least one other witness or by some other evidence which tends to prove the falsity of the statement. You may find the accused guilty of perjury only if you find beyond a reasonable doubt that the testimony of (state the name of witness), who has testified as to the falsity of the statement described in the specification is believable and is corroborated or supported by other trustworthy evidence or testimony. To “corroborate” means to strengthen, to make more certain, to add weight. The corroboration required to prove perjury is proof of independent facts or circumstances which, considered together, tend to confirm the testimony of the single witness in establishing the falsity of the statement.

2) Documentary evidence directly disproving the truth of the statement described in the specification, as long as the evidence is corroborated or supported by other evidence tending to prove the falsity of the statement. To “corroborate” means to strengthen, to make more certain, to add weight. The corroboration required to prove perjury is proof of independent facts or circumstances which, considered together, tend to confirm the information contained in the document in establishing the falsity of the statement.

NOTE 3. Exceptions to documentary corroboration requirement. There are two exceptions to the requirement for corroboration of documentary evidence. Applicable portions of the following should be given when an issue concerning one of the exceptions arises:

An exception to the requirement that documentary evidence must be supported by corroborating evidence is when the document is an official record which has been proven to have been well known to the accused at the time that (he) (she) (took the oath) (made the affirmation).

(Additionally,) (An) (Another) exception to the requirement that documentary evidence must be supported by corroborating evidence is when the document was written or furnished by the accused or had in any way been recognized by (him) (her) as containing the truth at some time before the supposedly perjured statement was made.

If (this exception) (these exceptions) exist(s), the documentary evidence may be sufficient without corroboration to establish the falsity of the statement.

You may find the accused guilty of perjury only if you find that the documentary evidence (and credible corroborative evidence) establish(es) the falsity of the accused’s statement beyond a reasonable doubt.

NOTE 4. Proving that the accused did not believe the statement to be true. Once the appropriate corroboration instruction in NOTE 1 above is given, the military judge should give the following instruction:

The fact that the accused did not believe the statement to be true when it was (made) (subscribed) may be proved by testimony of one witness without corroboration or by circumstantial evidence, as long as that testimony or evidence convinces you beyond a reasonable doubt as to this element of the offense.

Source: Instruction 3a-81-1 · view original on jagcnet.army.mil

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

DD, TF, 5 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), did (at/on board—location), on or about __________, in a (judicial proceeding) (course of justice), and in a (declaration) (certification) (verification) (statement) under penalty of perjury pursuant to section 1746 of title 28, United States Code, willfully and corruptly subscribed a false statement material to the (issue) (matter of inquiry), to wit: __________, which statement was false in that __________, and which statement (he) (she) did not then believe to be true.

Elements

(1) That (state the time and place alleged), the accused subscribed a certain statement, specifically (set forth the statement alleged) in a (judicial proceeding) (course of justice), specifically (state the proceeding alleged);

(2) That in the (declaration) (certification) (verification) (statement), under penalty of perjury, the accused (declared) (certified) (verified) (stated) the truth of that certain statement;

(3) That the accused willfully subscribed the statement;

(4) That the statement was material;

(5) That the statement was false; and

(6) That the accused did not then believe the statement to be true.

Definitions & other instructions

A (declaration) (certification) (verification) (statement) under penalty of perjury is a statement that expressly acknowledges that it is made under penalty of perjury. It need not be made before a notary public or officer authorized to take acknowledgments or administer oaths.

“Subscribe” means to write one’s name on a document for the purpose of adopting its words as one’s own statement.

“Material” means important to the issue or matter of inquiry, but that matter need not be the main issue in the case.

NOTE 2. Corroboration instruction. When an instruction on corroboration is requested or otherwise appropriate, the judge should carefully tailor the following to include only instructions applicable to the case. Subparagraphs (1) or (2) or a combination of (1) and (2) may be given, as appropriate:

As to the fifth element of this offense, you are advised that there are special rules for proving the falsity of a statement in perjury trials. Falsity can be proven by testimony or documentary evidence by:

(1) The testimony of a witness which directly contradicts the statement described in the specification, as long as the witness’s testimony is corroborated or supported by the testimony of at least one other witness, or by some other evidence which tends to prove the falsity of the statement. You may find the accused guilty of perjury only if you find beyond a reasonable doubt that the testimony of (state the name of witness), who has testified as to the falsity of the statement described in the specification is believable and is corroborated or supported by other trustworthy evidence or testimony. To “corroborate” means to strengthen, to make more certain, to add weight. The corroboration required to prove perjury is proof of independent facts or circumstances which, considered together, tend to confirm the testimony of the single witness in establishing the falsity of the statement.

(2) Documentary evidence directly disproving the truth of the statement described in the specification, as long as the evidence is corroborated or supported by other evidence tending to prove the falsity of the statement. To “corroborate” means to strengthen, to make more certain, to add weight. The corroboration required to prove perjury is proof of independent facts or circumstances which, considered together, tend to confirm the information contained in the document in establishing the falsity of the statement.

NOTE 3. Exceptions to documentary corroboration requirement. There are two exceptions to the requirement for corroboration of documentary evidence. Applicable portions of the following should be given when an issue concerning one of the exceptions arises:

An exception to the requirement that documentary evidence must be supported by corroborating evidence is when the document is an official record which has been proven to have been well known to the accused at the time that (he) (she) (took the oath) (made the affirmation).

(Additionally,) (An) (Another) exception to the requirement that documentary evidence must be supported by corroborating evidence is when the document was written or furnished by the accused or had in any way been recognized by (him) (her) as containing the truth at some time before the supposedly perjured statement was made.

If (this exception) (these exceptions) exist(s), the documentary evidence may be sufficient without corroboration to establish the falsity of the statement.

You may find the accused guilty of perjury only if you find that the documentary evidence (and credible corroborative evidence) establish(es) the falsity of the accused’s statement beyond a reasonable doubt.

NOTE 4. Proving that the accused did not believe the statement to be true. Once the appropriate corroboration instruction in NOTE 1 above is given, the military judge should give the following instruction:

The fact that the accused did not believe the statement to be true when it was (made) (subscribed) may be proved by testimony of one witness without corroboration or by circumstantial evidence, as long as that testimony or evidence convinces you beyond a reasonable doubt as to this element of the offense.

Source: Instruction 3a-81-2 · view original on jagcnet.army.mil