HAR §7-9-15. False swearing

(a) A model specification for the offense of false swearing shall be as follows: "In that _____________________ did, (at) (on board) _____________________, on or about _____________________ 19__, [(in affidavit) (in _____________________)] wrongfully and unlawfuly (make) (subscribe) under lawful (oath) (affirmation) a false statement in substance as follows: _____________________, which statement he/she did not then believe to be true." (b) The elements of the offense of false swearing shall be as follows: (1) That, at the time and place alleged, the accused took an oath or made an affirmation; (2) 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; (3) That the oath or affirmation was administered by a person having authority to do so; (4) That upon such oath or affirmation the accused willfully made or subscribed a statement; (5) That the statement was false; (6) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the state military forces. (c) As used in this section: "Oath" means a formal pledge, coupled with an appeal to a Supreme Being, that the truth will be stated; "Affirmation" means a solemn and formal pledge, binding upon a person's own conscience that the truth will be stated; "Subscribe" means to write one's own name on a document for the purpose of adopting its words as one's own expressions. [Eff: FEB 11 1985] (Auth: HRS §§124A-155, 124A-171) (Imp: HRS §124A-155) BACK TO TOP